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Full text of "Public papers of Daniel D. Tompkins, governor of New York, 1807-1817 : military--vol. I-III"

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Public papers of Daniel D. 
Tompkins, governor of New 



New York (State). Governor (1807-1817 : 
Tompkins), Daniel D. Tompkins, Hugh Hastings, 



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PUBLIC PAPERS 



OF 



DANIEL D. TOMPKINS 

GOVERNOR OF NEW YORK 
1807 — 1817 
MILITARY — Vol. I. 



WITH AN INTRODUCTION BY 



HUGH HASTINGS, State Historian. 



PUBLISHED BY THE STATE OF NEW YORK. 



WYNKOOP HALLENBECK CRAWFORD CO., 

STATE PRINTERS, 

NEW YORK AND ALBANY. 

1898. 



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Copyright 1898 by Hugh Hastings, Statb Historian. 



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GENERAL TABLE OF CONTENTS. 



Paces. 
INTRODUCTION 3-116 

PART I. MILITARY CORRESPONDENCE, 1800 TO 1812 117-312 

PART II. THE SEQOND WAR WITH GREAT BRITAIN 314-535 

PART III. MILITARY CORRESPONDENCE FROM JULY 9, 

1808, TO JANUARY 24, 1813 539-695 

PART IV. MILITARY CORRESPONDENCE COVERING THE 
PERIOD DURING WHICH # GOVERNOR TOMP- 
KINS COMMANDED THE THIRD MILITARY 
DISTRICT 699-765 



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ILLUSTRATIONS. 



Page. 

Daniel D. Tompkins Frontispiece. 

Map op the Fortifications at the Narrows, as Planned 

about 1765, Opposite Page 55 

General Jacob Brown, Opposite Page 81 

General Peter B. Porter, Opposite Page 135 

Map of the Stockade Fort at Oswego Falls, Opposite 

Page 194 

Fort La Presentation, Opposite Page 275 

Fort Niagara, from the Lighthouse on the British 

Side, Opposite Page 316 

Buffalo, in 1813, Opposite Page 354 

Queenston, Upper Canada, Opposite Page 417 

Ogdensburg, N. Y., Opposite Page 440 

Oswego — Attacked by the British, May 6, 1814, Oppo- 
site Page 484 

Sackbtt's Harbor, N. Y., Opposite Page 514 

Gbn. Solomon Van Rensselaer, Opposite Page 556 

Fort Niagara, from the British Side of the River, at 

Newark, in 1814, Opposite Page 656 

Map of Fort Erie 767 



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DETAILED TABLE OF CONTENTS. 



PAOB. 

Governor Daniel D. Tompkins — Hia Birth, Education, and Entry 
into Politics — A Fortune-Favored Young Man — The Council of 
Appointment 8-22 

The Provocations for War— The Forbearance, Patience and Toler- 
ance Exercised by the United States Before War Was Declared 
— English Aggressions and French Impositions 23-32 

President Madison's Message — His Record as a Federalist and as a 
Republican — Cautious, Deliberate and Indecisive — New Eng- 
land's Efforts to Cripple the Policy of the Federal Adminis- 
tration 88-42 

New York City in 1813 — Its Chief Features, Customs and Charac- 
teristics — The Office of Mayor of New York One of the Great- 
est in the Country 48-54 

Early Fortifications Around New York City — A General History of 
Them— Sandy Hook and the Narrows from Earliest Times 
Regarded as Natural Positions for Defence Against An 
Approaching Enemy 66-78 

Military Operations — The Conspicuous Part Taken by New York 

From Beginning to End — Unsteadiness of the Militia. 79-86 

Tompkins as a Strong War Figure — Defeat for the Presidential 
Nomination — Nominated and Elected as Vice-President — Con-- 
troversy With State Comptroller Mclntyre — His Last Days 
and His Death 99-116 

John Jay, Governor 117 

A Call for the General Returns 117 

Organization of the First Light Infantry 118 

Indisposition Prevents the Adjutant-General from Making 

Returns 118 

George Clinton, Governor — Court Martial of Lieut CoL Benjamin 

Hovey 119-124 



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viii Detailed Table of Contents. 

Capt. Phineas Stevens Appeals from the Sentence of a Court Mar- . ^%» - 

tial With Success 124 

An Official Dispute Over Ordnance 125 

Reaching for a High Standard of Discipline 127 

Capt. David Long Disgraced for Conduct Unbecoming a Soldier. . . 128 

And the Sentence is Approved by the Commander-in-Chief 130 

A Court Martial is Ordered for Him . . .' 130 

General Order for the Annual Review of 1803 *. 131 

Serious Charge Against Three Officers 133 

Peter Fryer's Application to Raise a Light Infantry Company in 

Albany 134 

A General Order for Officers 135 

Charges Preferred Against an Officer 135 

Annual Review and Inspection of 1804, and Gov. Clinton's Fare- 
well Words to the Troops 136 

Morgan Lewis, Governor 137 

Charges Against Lieut. Col. Warren Ferris 137 

Artillery of the State Consolidated Into One Division 138-141 

New York City and County Officers 141 

And They Are Organized as the First Light Infantry 142 

John Fink's Troop of Horse in New York City and Its Uniform 142 

The Annual Review and Inspection for 1805 143 

A New Brigade for Albany 144 

The Review for 1806 144 

Two Troops of Flying Artillery for New York City 146 

Governor Lewis Orders Out a Brigade for a Review 147 

A New Battalion Established for the Northern Counties 148 

A Division for Washington County 148 

Changes in the Cavalry Arm 149 

Genesis of the Seventh Regiment — The Official Order Promulgated 
by Governor Lewis, that Brought the Now Famous Regiment 

Into Existence 150 

Governor Lewis Prepares lor the Annual Review of 1807, and Bids 

Farewell to the Militia 150 

New Division Lines 152 



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Detailed Table of Contents. ix 

PAGB. 

. ^iel D. Tompkins, Governor — War With England Threatened 
After the Chesapeake Affair and New York Promptly Sup- 
plies Its Quota of 100,000 Men 152-155 

Captain Bernard Bloom's Troop of Cavalry In Queens County 155 

Looking Forward to War with England — The Chesapeake-Leopard 

Affair Arouses the Patriotism of Our People 156 

Serious Charges Against Captain David Ferris 158 

A Court Martial for Quartermaster Charles Baker 158 

Proceedings Against Capt Ferris Suspended 160 

Governor Tompkins Rebukes Delinquent Officers *. 161-165 

The Governor Thanks the Baker Court Martial , 165 

The Governor Proceeds with Decision— Manifestations of Turbu- 
lence in the Third Regiment of Artillery 166 

Very Serious Charges Preferred Against Capt. David Ferris 167-170 

More Trouble in the Third Artillery — General Jacob Morton 
Ordered in Arrest, on Charges Preferred by Lieut. Col. Andrew 

filtcner 171 

Copy of the Charges 172 

A Troop of Cavalry for Columbia County . 173 

Charges Preferred Against Lieut. Col. Pell 174 

Captain Nathan Monger on Trial 175 

Another Officer Accused of Excessive Tippling 176 

Settling Disputed Rank 176 

General Morton's Court Martial 177 

A Battalion of Riflemen Organized 177 

Flying Artillery for Onondaga County 179 

Rearranging the Militia in Montgomery County 180 • 

General Morton Acquitted by Court Martial 181 

More Trouble in the Third Regiment of Artillery 182 

Arranging for More Riflemen 183 

More Flying Artillery 184 

Promotions 185 

CoL Goodspeed's Regiment Shifted 186 

A New Artillery Company for New York City 186 

Promotions 187-100 

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x Detailed Table of Contents. 

PAGE. 

The Third Regiment of Artillery Reorganized— A Step Necessi- 
tated by Internal Dissensions — CoL Sitcher Deprived of 

Command 190-192 

More Evidence of Lack of Discipline 198 

Capt Jackway's Troop of Horse 194 

The Embargo Causes Insurrections — Prompt Arrival of the Militia 
Prevents Sixty Armed Men from Making Trouble in the Town 

of Oswego. 194-197 

Major Davis Temporarily Succeeds Major Paulding 197 

The Dissensions In the Third Artillery 198 

Four Parades a Year for the Flying Artillery 199 

Gov. Tompkins Commends the Cavalry and Riflemen 199 

And Also the Artillery 200 

For a General Reorganization 200 

Preparing for Active Hostilities-^ The Act of Feb. 24, 1807, When 

War with England Seemed Imminent 201 

Blank Form for Volunteer Companies 202 

New York's Quota Under the Law — And How It was Proportioned 

Over the State 203-207 

Trouble Along the Shores of Lake Champlain — The Embargo Leads 
to Smuggling, and Smuggling Leads to the Calling Out of the 

Militia 207 

Organizing for War — New York State Militia and How It Was 

Distributed % 209-214 

Organizing the Cavalry 214-217 

A Rifle Company from Greenbush and Schodack 217 

Assignments 217 

General Steddiford's Division Divided Into Two Brigades 218-220 

The War Cloud Blows Away 220 

Promotions / 221 

Uniform for the Trojan Greens 222 

Designating Gen. Giles* Brigade 228 

A Troop of Cavalry Reorganized 228 

Lack of Uniforms and Equipments 224 

Promotions and Assignments 225-227 

Fixing the Authority of the Brigadiers 227 



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Detailed Table of Contents. xi 

PAQB. 

The North Castle Rifle Company 228 

An Assignment 229 

Manlius Grows a Rifle Company 229 

More Disputes Over Rank 230 

Assignments 231 

Still Another Rifle Company 231 

Major Mulligan Decided to Be the Senior 232 

Captain Price Transferred 232 

A €ourt Martial Ordered for Captain Ferris 233-235 

CoL Sitoher Restored to Command 235 

More Riflemen for New York City 236 

Assignments 236-238 

The Decision in the Ferris Court Martial Case 238 

Exempts Organize An Artillery Company 239 

Governor Tompkins Disapproves of the Findings in the Ferris 

Court Martial Case 240-246 

The Yates Court Martial Case 246-257 

The Governor Sustains the Decision of Another Court Martial 257 

An Oversight Corrected 258 

A Rifle Company Organized in New Baltimore 258 

And One in Rensselaer County 259 

A Rearrangement of Cavalry Squadrons 259 

Redisricting the Brigades in New York City 260 

Promotions and Assignments 261-266 

Another Dispute Relative to Rank 266 

Altering a Cavalry Uniform 267 

For the Convenience of the Troops 267 

Greenbush Flourishing With a Battery of Artillery 268 

Another Rifle Company for New York City 269 

Resignations, Promotions and Assignments 270 

Two Additional Artillery Companies 271 

The New York Troops Ordered to Parade on Peter Stuyvesant's 

Bowery 272 

Assignments .'. 273 

The Governor, in General Orders, Praises the New York Troops. . . 274 

St Lawrence County's Two Regiments 275 



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xii Detailed Table op Contents. 

PAGB. 

Rockland County Favored with a Brigade 27fr 

A New Cavalry Squadron for the Northern Counties. 276 

A Battalion of Riflemen for Rensselaer County 277 

An Artillery Regiment Converted Into Two Regiments 278 

Activity Among Schenectady and Albany Troops — Developing a 
Battalion Into a Regiment in Schenectady County, and a Bat- 

• talion of Riflemen in Albany 27fr 

Changes 281-284 

A New Brigade of Cavalry Organized 284 

George B. Rapelye Brevetted 285 

More Artillery Companies Formed 285-287 

Another Quibble Over Rank 287 

Rearranging Artillery Organizations 288 

Gov. Tompkins Expresses His Mind on Discipline — A General 
Order That Censures Delinquent Officers and Applies Rules 

Relative to Disputed Rank 289-293 

Additional Organizations 29$ 

Changes Among Officers 295 

The Governor Issues Another Laudatory Order 296 

A Handful of Promotions 297 

Several Cases of Disputed Rank Decided 298 

An Order Countermanded 298 

The Governor Disapproves the Findings of a Court Martial — And 
in a Lengthy Opinion Lays Down a Principle of Military Law 

for the Protection of Accused Officers 29&-308 

Several New Companies Organized Under Restrictions 308-311 

More Expressions of Commendation from the Commander in Chief. 311 

Assignments to Command 312 

Protecting Our Frontier Line — The Danger to Our Frontier Just 

As Great Then As It Is To-Day 315-317 

Filling Up the Quota of Officers for the Fourth Artillery 317 

Thirteen Thousand Five Hundred Militia Called Upon for Duty. . .318-321 

In Mourning for the First Governor of New York 321 

Assignments, Transfers and Promotions ' 322 

Troops for the Protection of Niagara and .Oswego 323 

Madison County Organizes a Company of Horse Artillery 324 



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Detailed Table of Contents. xiii 

PAQB. 

'Captain Costegan is Assigned to Command 825 

The Usual Dispute Over Seniority 325-327 

The Third Artillery Converted Into Two Regiments 827 

Still Another Dispute Over Rank 328 

Another Grenadier Company Organized by Exempts 329 

The Question of Color no Bar to a Uniform 330 

Minor Matters of Importance 330-333 

Three Squadrons of Cavalry to a Regiment 333 

Ammunition — How Supplied for Field Artillery 333 

A New Battalion of Riflemen for New York 334 

The Southern Tier Given a New Brigade 335 

Still Another Cavalry Regiment 336 

The War Quota Divided Into Two Divisions of Bight Brigades 330-342 

dark Rice Wins His Case 342 

Two Additional Regiments of Riflemen 343 

The Decision in the Jacques Court Martial Sustained 344 

Lieut. Col. Fleming Promoted 344 

The War Cloud Breaks at Last — Prompt Measures Taken to Pro- 
tect New York City and the Frontier from the Threatened 

Invasion of the English 345-348 

Two Promotions 348 

Honors to the Hero of Fort Schuyler — General Order Issued Out 

of Respect to the Memory of Gen. Peter Gansevoort 348 

War Officially Declared — The Commander in Chiefs Efforts to 
. Inspire Confidence, Energy and Patriotism Among the 

Troops ' 349 

Plattsburg Regarded as One of the Keys of the Situation 350 

Looking After the Central Lake Front 351 

The Niagara Front Not Overlooked 352 

Ordnance and Quartermaster Supplies for Niagara, 353 

Pushing War Supplies to Black Rock 354 

Officers Directed to Be Upon the Alert 855 

New York Left to Protect Her Own Frontier 355 

Ordering Troops to the Front All Along the Line 356 

Artillery Ordered to Plattsburg 358 

The Cavalry and Infantry Also Ordered 359 



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xiv Detailed Table op Contents. 

PAGE. 

The Governor Alive to the Danger to Out Frontier 360-362 

The Governor Issues Orders Regarding the Care and Welfare of 

Troops in the Field { .362-364 

More Orders for the Rendezvous 364 

Grape, Canister, Other Ordnance and Quartermaster Stores Shipped 

to Oanandaigna 366 

Minor Orders 367-370 

Gen. Stephen Van Rensselaer Assigned to the Command of the 

Frontier Line 370 

Minor Orders 370-372 

Another Controversy Over Rank.. ■ 372 

A Number of New Military Companies Organized 373-377 

Assignments 377 

An Order for Troops to Rendezvous on August Twenty-fourth 377-370 

Advancing Upon the Canada Line 380 

Capt Matchin's Artillery Company Ordered to the Front 380 

Assignments to Command 381 

New York State Looks After New York City 382 

Major Holley Assigned to a Board 383 

Troops for the West Battery in New York 384 

A Company of Infantry Ordered to the Narrows 384 

Assignments to Command 38& 

Three Infantry Companies Ordered for the Defence of Sag Harbor, 

Long Island 386 

Three Companies Consolidated Into One 386 

More Assignments to Command 387-389 

More Troops for the Front 389-393 

Two More Regiments Ordered Into Service 393 

A Company of Exempts for the Protection of the Ontario Frontier. 395 

Assignments \ 395 

Ordnance for Sackett's Harbor — Troops for Niagara 39G-39& 

Instructions for Ool. Townsend 398 

And for Capt Magher 39S 

Assignments 399-401 

Several More Companies Ordered to the Front 401-403 



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Detailed Table of Contents. xy 

PAOB. 

More Organizations of Exempts Formed and Officers Assigned to 

Command 408-409 

Captain Mahar's Rifle Company Ordered to Onondaga 409 

Assignments and New Organizations '. 410 

A New Albany Regiment 411 

The Worcester Exempts 412 

The Commander in Chief in the Field 412 

And Makes a Few Assignments 413-416 

He Transfers Headquarters to Oswego and Commends the 

Appearance of the Troops 416 

Three Days Later He is at Lima, Then in Ontario County 417 

He Establishes Headquarters at Buffalo Nearly Two Weeks After 

the Battle of Queenston 417 

And Indorses a Few Assignments of Officers 41S 

Two Weeks Later He Re-establishes Headquarters at the Capital. . 418 

A Couple of Brevets 419 

A Batch of New Exempt Organizations 419-424 

More Promotions 424 

A New Company of Volunteers 425 

Gen. Peter Van Zandt Resigns 425 

Another Volunteer Corps 426 

Assignments 426-432 

CoL Swartwout's Troops, Having Performed Their Duty, Are Dis- 
charged, With Expressions of Commendation from the Com- 
mander in Chief 432 

County of Rensselaer Organizes a New Rifle Company 433 

Major Rapalje Aspires to be a Brigadier 433 

Promotions 434 

Captain Kellogg's Schoharie Artillery Company Mustered Into 

Service 435 

General Dearborn Makes a Request for the Services of William L. 

Marcy and Other New York Officers 436 

The Rank Question Still Agitated 437 

More Volunteer Companies 437-439 

Another Requisition for Troops for Sackett's Harbor 439 

Fox Ranks Klock. 440 



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xvi Detailed Table of Contents. 

PAGB. 

British Attack Ogdensburg — Gen. Brown Ordered to the Front 
Three Days After the Town Has Been Captured by the Eng- 
lish and Pillaged 440 

War in Front and Also in the Ranks 441 

The Suffolk County Front Looked After 442 

Rallying Places Along the Southern Frontier In Case of Alarm. . . . 443 

Transfers 444 

Gen. Martin Resigns His Commission 445 

Proximity of the British Fleet Creates Alarm — And General Pre- 
parations Are Made to Rally the Militia at the Shortest Notice.. 445-449 

The Twenty-ninth Brigade Takes Time for a Parade 449 

Lieut Col. John Bleecker Before a Court of Inquiry 450-451 

Another General Rendezvous Ordered 452-460 

Organization of the Detachment of Militia Mentioned In General 

Orders of 31st July, 1813 461 

Militia of the Central Counties of the State Ordered Into the Ser- 
vice of the United States 462-*65 

Organization of the Detachment of Militia Required by a General 

Order 466 

Delinquent Court Martial Ordered » 467 

The Governor Praises the Troops That were Ordered to Platte- 

burg 467 

Another Delinquent Court 468 

Another Dispute Over Rank 460 

The Third Regiment of Artillery Converted Into Two Regiments 
— And the New Organization Eventually Becomes the Eighth 

Regiment of the National Guard 469-471 

Peter Curtenius, Brigadier General, by Brevet 471 

A Troop of Cavalry Disbanded 472 

Several Commands Reorganized 472 

The Ninth Regiment of Artillery Reduced to a Battalion 473 

Reinforcements Ordered to Sag Harbor. 474 

Other Disputes Over Rank 475-477 

Major Warner's Battalion of Artillery Organized Into a Regiment. 477 
The Governor Makes an Appeal for Volunteers* — Because of the 
Expiry of Terms of Enlistment of Militia and British 
Atrocities on the Niagara Frontier 478-479 



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Detailed Table of Contents. xvii 

PAGB. 

The Second Regiment of Horse Artillery Organized 480 

Charges Preferred Against Major Anthony Wheeler and Lieut. 

Bben Wheeler x 481 

Part of the Troops at Sag faarbor to be Relieved 482 

Minor Orders 483-484 

The Charges Against Major Wheeler and Lieut. Wheeler Not 

Sustained 485 

Again the Question of Rank 486-488 

Lieut. Col. William Paulding, Jr., Resumes Command of His Regi- 
ment 488 

New York Threatened — The Governor Calls for Volunteers to Pro- 
tect a Steam Frigate in Process of Construction 488 

Lieut. Robison Prefers Finance to War 489 

Governor Tompkins* Sweeping Order — Directs That All the Militia 
in the State be Prepared for Instant Service and Ready to 
March at a Moment's Warning to Any Part of the State That 

May be Attacked 490-492 

In Spite of the Critical Condition of Affairs, Officers Found Time 

to Quibble Over Rank 492 

Reinforcements Ordered to Sag Harbor 498 

The General Government Makes a Requisition for 3,000 Troops for 
the Protection of the Atlantic Coast Line — Gov. Tompkins 

Promptly Complies, and Furnishes a Regiment Additional 494-600 

The Brush-Bloom Controversy Settled 500 

Artillery Preferred 500-502 

Providing Transportation and Food for the Three Thousand 502 

The Troops to be Inspected 503-504 

General Stevens' Division Put Into Service, and Ordered to the 

Defence of New York City and Harbor * 504-507 

Tbe Governor's Energetic Measures — Makes an Appeal for Volun- 
teers for a Regular Body of Troops for the Defence of New 

York 508 

And Calls for Volunteers to Organize a Battalion of Sea Fencibles. 508 
Ordnance Supplies So Scarce That the Governor Makes Appeal 

to Citizens for Their Personal Arms 509 



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xviii Detailed Table of Contents. 

PAGB. 

Washington Irving as a Warrior — The First Order He Issues is in 

Favor of Chaplain Westbrook 509 

General Stevens' Command Complimented 510 

Quartermasters Put Under Bonds 510 

Rensselaer County Volunteers Ordered to the Defence of the 

Northern Frontier 511 

Capt Carson Ranks Oapt. Williams 512 

Gen. Mapes' Staten Island Troops Ordered to the Narrows 512 

Regimental Changes 515 

Sackett's Harbor Reported rto Be in Danger and the Governor 

Promptly Orders Reinforcements to Its Support 514-518 

Disputes Over Rank in the Thirtieth Regiment 510 

A Company Disbanded 516 

Governor Tompkins Assumes Command of the Third Military Dis- 
trict of the United States 517 

Volunteers for the United States Service 517 

Assignments of Officers 518 

Paymasters Called Upon to Prevent Speculation 510 

England and the United States at Peace — The Commander in 
Chief Promulgates the News, Appropriately Enough, on the 
Anniversary of Washington's Birthday, With a Congratula- 
tory Order to the Troops 510 

Gen. Morton Succeeds Gen. Stevens 520 

Serious Charges Against Officers 520-524 

Another Dispute Over Rank 524 

A Rifle Company Organized in Tompkins, Delaware County 525 

Promotions and Assignments 525 

Artillery Officers Ordered to Make Returns 526 

Gen. Coles Resigns 52ft 

A Court of Inquiry Fails to Establish Lt Col. Coffin's Claim 527 

Col. Irving Made Temporary Division Inspector r. . . . 52S 

Organization of the Army . 528-535 

The Governor Gives Advice Relative to the Expense for Regimen- 
tal Music 53^ 

Injustice of the Politico-Military System — Subordinates in Several 

Instances Jumped Over the Heads of Their Superior Officers. .540-544 



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Detailed Table of Contents. xix 

PAOB. 

As to Military Exempts — The Governor Expounds the Law Which 

Regulates Them, But is Not Certain of His Premises 544-548 

Laxity in Keeping Military Records — The Governor Unable to 
Learn the Military History of Two Candidates for Brigadier 

General 648 

Uncertainties of Military Promotion 540 

Delightful Discretion Left to Officers in the Matter of Details of 

Uniforms 550 

Etiquette of Precedence — Col. Teller Disputes the Governor's 

Appointment of Lieut. Col. Kirkland as Brigadier-General 551-552 

The Troublesome Question of Rank— The Governor's Attempt to 
Convince a Captain of the Impropriety of Promoting a Pri- 
vate Over the Head of a Lieutenant 553-555 

Snubbed by the Former Adjutant General — Governor Tompkins 
Submits an Important Proposition in Writing to Gen. Van 

Rensselaer and Fails to Receive an Answer 556-557 

A Decision Establishing a Rule Regarding Rank 558-560 

Colonel Gray and Major Yates Prefer Charges Against Each 

Other 560 

The Power to Disband Companies — The Governor Obtains an 
Opinion from the Attorney General on This Much Disputed 

Question .561-565 

Judges of the Court of Common Pleas Exempt from Military 

Duty 565 

Contention Over Military Appointments 566 

Rule Governing the Promotion of Adjutants 567-568 

The Governor Refuses to Accept the Resignation of Capt. Bliss. . . 569 

Drawing Lots to Determine Seniority in Rank 569 

Privileges of a Militiaman 570 

Change of Residence Not to Invalidate An Officer's Commission. . .571-573 

No Exemption for Mr. Van Antwerp 574 

Rules Regulating Promotion — The Governor Cites a General Order 

for the Adjustment of Disputes 575-577 

Even Brigade Commanders Are Affected by the Fever 577-579 

The Want of a Uniform System of Regulations — Governor Tomp- 
kins Intimates That the Confusion Over Discipline Can Be 
Settled Only by Congressional Action 579 



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xx Detailed Table of Contents. 

PAGE. 

Adjutant-General Paulding Renders Opinions on Two Disputed 

Questions 580-582 

The Case of Lieut. Stephen Clark 582 

Delinquent Inspection Returns 582 

OoL Dorr Acknowledges Want of Confidence in His Officers 583 

Gen. Kirkland Instructed to Exercise His Authority 584 

Capt. Elbert Anderson, for Reasons, Denied a Furlough 584 

An Opinion on Military Exemption 585-586 

Straightening Out Mooted Points as to the Rights and Authority of 
the Colonel When His Regiment is Divided Into Two Bat- 
talions 587-^589 

Field Artillerymen Not Required to Carry Equipments of Infantry . 589-591 

The Rights of Adjutants to Promotion 591-593 

.Military Letters and Packets Addressed to the Adjutant General 

by General Officers Franked by Act of Congress 593 

General John Swift Evidently Years Ahead of His Time 594 

As to Courts Martial and Courts of Inquiry 595-597 

More on the Subject of Exemption 597 

The Governor Mildly Reprimands General Hopkins 598-601 

The Military Force of New York Placed at 100,000 in 1811 601 

General Hurd Reprimanded 602-604 

Relative to Courts Martial and Courts of 'Inquiry .604-605 

Generals Carpenter and Ellis Rebuked 606-608 

A Brief Communication to Colonel Snell 608 

Preparing for War — The Governor's General Orders to Determine 

the Exact Condition of the Militia 609-612 

Accused Officers Must be Presented With a Copy of the Charges 

Preferred Against Them 613 

General Van Wyck Remiss • 614 

Uncertainty as to Commands of Majors 615 

Correcting Errors in Brigade Returns 616 

Another Delinquent General 617 

Militia Officers' Resignations Must be Approved by the Regimen- , 

tal and Brigade Commanders 618 

General John Swift Tenders His Resignation 619 

■General Martin Asks for Information Concerning the Division to 

Which He is Attached 619 



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Detailed Table of Contents. xxi 

PAGE. 

Enrolling Volunteers on the Quiet — The Governor Preparing to Put 

the State in Condition for the Inevitable 620-624 

Assignments to Command — Organization of the Militia Into Bri- 
gades, With the Names of Brigade and Regimental Com- 
manders 624-635 

Perfecting the Military Organization. . . '. 635 

The System of Fines — Manner of Distributing Sums Derived 

From Regimental and Battalion Courts Martial 636-639 

Charges Against General Van Zandt Dismissed 639-643 

Commanders of the Northern Brigades 643 

Duties of Brigade Inspectors Defined 644 

Brigades That Composed the Division of Major-General King 645 

Another Ruling on the Question Whether An Oflicer Should Reside 

Within His Beat 646 

Assignment of Majors 647 

Five Captains Complimented 648 

Demands for Commissions 648 

The Eleventh Regiment of Cavalry 649 

Politics and Military Discipline — Questions That Seem Odd to the 

American of the Present Generation 649-651 

Preparing to Repel An Invasion — Governor Tompkins Makes Dis- 

i 

position of His Forces to Anticipate Such An Event 651 

Officially Notified War Has Been Declared — And Governor Tomp- 
kins Points Out the Weakness of Our Condition and the I/ack 

of Military Stores 652-656 

Governor Tompkins to General Dearborn — Red Tape Barring the 

Way to Energetic Action and to Obtaining Field Equipment. .. 656-^58 

Volunteers Accepted 659 

General Paulding to Major Crosby 660 

Captain Hartell Volunteers for Service 661 

Captain, Not Major, Weber 662 

Major Gaylord Complimented 662 

A Question As to Who Will Furnish Supplies 663 

Capt. Humphrey Complimented 664 

Volunteers Must Equip Themselves 664 

Limit of Jurisdiction of the Commander-in-Chief 665 



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xxii Detailed Table of Contents. 

PAGB. 

Another Commander of Volunteers Complimented 665 

The President's Authority Over Troops in the Field Absolute 666 

Objection to Major Aycrigg's Organization Removed 667 

A Batch of Delinquent Officers 667 

Captain Marston Answered 668 

For the Promotion of Mr. Vanderbilt 669 

Troops Despatched to New York 670 

General Paulding to Major Aycrigg 671 

A Stern Rebuke from General Headquarters to a Number of Regi- 
mental Commanders 672 

General Perlee Succeeds Gen. Hathorn 673-674 

Captain Tyler's Company of Volunteers 675 

The Volunteers Exempts of Worcester , 675 

The Adjutant General Uncertain Over An Officer's Rank 676 

Uniform Prescribed for Capt John Blakesly's Company 676 

Exempts Eligible to Organize Companies, But Not Regiments 677 

Major Aycrigg Complimented 678 

Likewise Gen. Root .' 679 

General Van Wyck Removed 680 

Missing Returns of Detached Regiments 681-682 

General Westbrook Commended 688 

More Inspection Returns Missing 688 

General Perlee and Major Brush Praised by the Adjutant General. 684 

The New York Volunteer Rifle Company 685 

The Thirty-fourth Brigade of Infantry 686 

As to Musicians 686-688 

Inspection Returns 688 

Gen. Peter Van Zandt Resigns 689 

Strength of Four Companies of Volunteers 690 

Status of the Regimental Adjutant 690 

Resignations Offered In the Presence of the Enemy Refused 691 

Relative to Deputy Quartermaster Generals 692 

As to Courts Martial 693 

Goodspeed's Regiment Transferred from Rea's to M'Clure'e 

Brigade 694-695 



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Detailed Table of Contents. xxiii 

paqs. 
The President's Order Placing Governor Tompkins in Command 

of the Third Military District 609 

Governor Tompkins Assumes Command, and Establishes Head- 
quarters at the City Hall, New York 699 

After Orders 700 

Orders a Review of General Swartwout's Brigade ,. 701 

Troops Assigned to Work on New York Fortifications 701 

Surgeon Hall Court Martialed and Reprimanded 702-708 

A Batch of General Orders 703-705 

A Number of Courts Martial 705-709 

Instructions Relative to United States Property 710-712 

A Number of Prisoners Pardoned 712-714 

The Governor Orders a Number of Brigade Reviews 714-716 

Troops for the Fort at Sandy Hook 716 

L>r. Byrne Ordered to Plattsburg 717 

Workmen Detailed for the Fortifications 717 

Militia Maintained at Sag Harbor 718 

Sandy Hook Placed Under the Command of General Swartwout. . . 719 

Troops Preparing to Go Into Winter Quarters 719 

Routine Orders 720 

Rules Governing the Supply of Provisions 721 

Captain Dole is Complimented and His Troops Are Discharged 722 

Regarrisoning the Works on Harlem Heights 728 

A General Parade Ordered for Evacuation Day. 723-725 

Members of the Wilkinson Court Martial 725 

Evacuation Day Ceremonies — The Formation and Parade — The 

Commander-in-Chief Favored by a Marching Salute 726 

Mustering Out the Militia 727-729 

In Memory of Vice-President Gerry 729 

Commendation for the Troops 729-731 

General Orders and Courts Martial 731-732 

A Number of Courts Martial 732-747 

Captain Swett Released from Arrest 747 

General Orders , 748 

Allowances for the Troops 749 

General Wilkinson's Court Martial Begun 751 



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xxiv Detailed Table of Contents. 

PAGE. 

Headquarters Transferred to the Government House 751 

Winter Quarters for Troops 752 

Resignations 752 

The Forty-sixth Regiment Ordered to the Works on Staten Island. 752 

Colonel Justus Post Promoted Quartermaster General. 75S 

Colonel Coles' Court Martial 754-755 

The Sea Fencibles Transferred from Sandy Hook to Staten Island. 756 

James Renwick Ordered to Report to General Swift 756 

The Forty-first Regiment Ordered to the North Battery 756 

General Orders 757 

Privateers Halted at the Narrows 757 

Dr. James Gamage Sentenced to Be Dismissed from the Service. . .758-760 

Orders, Transfers, Furloughs, Remissions, and Resignations 760-761 

D u t ies of the Staff 762-764 

Governor Tompkins, at His Own Request, Relieved from Com- 
mand 764 

And is Warmly Complimented for His Patriotic Exertions 764-765 



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Introduction to Tompkins 
Papers. 



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GENERAL INTRODUCTION. 



i 

' GOVERNOR DANIEL D. TOMPKINS. 

HIS BIRTH, EDUCATION, AND ENTRY INTO POLITICS — A FORTUNE- 
FAVORED YOUNG MAN — THE COUNCIL OF APPOINTMENT. 

The trite old saying, " Republics are ungrateful," was never bet- 
ter illustrated than in the cases of the two men who, at critical 
war periods in our history, raised by their personal effort, and by 
their personal indorsement, large sums of money for the National 
Government, when the Nation was unable to negotiate a loan on 
its own credit — in the end only to find themselves bankrupt and 
ruined — Robert Morris, patriot of the first war with Great Britain, 
Daniel D. Tompkins, patriot of the second war with Great Britain. 

The history of the second war with Great Britain has never been 
written, because no writer has yet undertaken to show the superb 
services which were rendered to the American cause by the State 
of New York, and by the great war Governor of that State, Daniel 
D. Tompkins. In fact, no history of that war can be prepared 
without the aid of Governor Tompkins' State Papers. Several 
works have been published from time to time, and most of them 
have achieved a gratifying reputation, but none of them were 
written apparently with the necessary knowledge that records as 
valuable as the Tompkins Papers, were in existence. One of these 
histories ignores the existence absolutely of New York State. 



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4 Annual Report of the 

Governor Tompkins' name is mentioned once, incidentally. It* 
author was a citizen of New York, and subsequently became a 
prominent elective State officer. A popular and voluminous work, 
published within recent years by an eminent writer and historian, 
is especially devoted toward vindicating and commending the 
course of New England, which not only opposed the war, but left 
nothing undone during its progress, to embarrass and cripple the 
National Administration. 

The papers of Governor Tompkins are unusually full and inter- 
esting, and contain material that can be found nowhere else. 
As military records, their value is inestimable. As a history of 
New York during the period that he was Governor, this collection 
holds a unique place. As Governor, Judge Tompkins had the 
reputation of writing his own State papers; during his admipie- 
tration all military orders, outside of those of a purely routine 
nature, were drawn by his hand. As a contribution to the history 
of the State of New YoVk and of the United States, these papers 
will be appreciated and will prove of incalculable value to the 
historical student. More emphatically than any other writings 
that have been brought to light, they place New York State in its 
true and just position. They demonstrate that New York ha& 
always been great, always been generous, always been unselfish, 
and could always be relied upon at any crisis in the history of the 
Nation, to supply more money and more men than any other State 
in the Union. This was her record during the War of the Revo- 
lution, during the second war with Great Britain, and as destiny 
was to decree she was to hold, nearly half a century later, during 
the War of the Rebellion. 

The State obtained possession of this collection in 1885. The 
late Erastus Brooks, a public-spirited man, editor and literatteur, 



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State Historian. 5 

who represented Staten Island, Richmond county, in the Assem- 
bly, was informed that the descendants of Governor Tompkins 
were desirous of disposing of his State papers to the State. He 
accordingly introduced a bill to appropriate $5,000 for the pur- 
chase of this collection. Out of personal compliment to Mr. 
Brooks, the bill passed the Lower House of the Legislature. The 
Senate killed it. For several years efforts were renewed to carry 
the appropriation through, but it was not until 1883 that the Leg- 
islature sent the appropriation to the Governor, Mr. Cleveland, 
who vetoed it. The following year it was again submitted to the 
Governor, and this time was signed. The late Dr. Henry Homes, 
L L. D., who was State Librarian when the papers were delivered 
to the State, July 4, 1885, has this to say of the collection, in a 
paper which he read before the Albany Institute, November 15, 
1885: 

" The purchased papers consist of the official copies of^ eighteen hundred letters written 
by him while Governor of the State from 1807 [to 1817], bound in -ft re volumes folio; also 
aU letters written by him while Vice-President of the United States from 1817 to 1825; 
also of two thousand letters received by him during the same two periods of seventeen 
years in all. Besides these there are one thousand miscellaneous papers, making five 
thousand manuscripts of all classes. Of the letters received by him, besides the origi- 
nals, there are careful copies which he had made of large numbers of them and bound 
In six folio volumes. The bound volumes make in all fifteen, beautiful and closely 
written folio ledger volumes of about four hundred and fifty pages each or nine thou- 
sand pages in all. In addition to these there are two thousand letters and loose papers 
In their originals." 

The material comprised in the printed volume which has been 
prepared, embraces Volumes XI, XII and XIII of the manuscript 
volumes, which are devoted exclusively to military subjects, from 
1800 to 1816. Throughout the remaining twelve volumes more or 
less material of a military character is scattered, but it was 
deemed more expedient to take the exclusive military manu- 
scripts and print those now and gather what remains in the other 
twelve volumes for a second volume. 



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6 Annual Report of the 

Governor Tompkins at the outbreak of the war with Great 
Britain, was at the climax of his powers. He had just attained hia 
thirty-eighth year, having been born at Fox Meadows, now Scars- 
dale, Westchester county, New York, June 21, 1774. In his in- 
fancy all the old women of the neighborhood predicted a distin- 
guished career for him because he was the seventh son. His 
father, Jonathan Tompkins, was one of the three loyal Americana 
' who lived in that part of Westchester county during the War of 
the Revolution. Born on a farm, inured from childhood, to the 
roughest and hardest kind of work, young Tompkins succeeded in 
acquiring education enough to enable him to attend Columbia 
College, from which he graduated in 1795. Two years later he was 
admitted to the bar. From boyhood he had always been a great 
reader. Before reaching his majority he plunged vigorously into 
the warm political contests that then raged between the Federal- 
ists and Republicans. 

He was one of the most active of the younger political workers 
in the then Fifth ward of New York, and one of the thirty-nine 
young men that organized "The Tontine." Three years after the 
adoption of the Federal constitution, the opponents of centraliza- 
tion in government, the men who believed in a strict construction 
of the constitution, crystallized into the Republican party, as an- 
tagonistic to the Federalist party, whose faith in politics was sym- 
bolized by centralization and a loose construction of the constitu- 
tion. The Federalists opprobriously stigmatized their opponents 
as " Democrats " for their alleged sympathy with the Jacobins or 
Democrats of the French Revolution, which was then raging, and 
because of the clubs which the Democrats had formed in imitation 
of the French political clubs. In retaliation, the Republicans 
derisively termed the Federalists "Aristocrats." 



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State Historian. T 

From 1790 to 1799 political excitement increased from year to 
year. The Federalists were all triumphant in New York city. 
They uniformly controlled six out of the seven wards of which the 
city was then composed. In the exciting charter election of 1799 
the Federalists carried five, the Republicans two wards. The 
property restriction in the elective franchise gave the Federalists 
untold advantages, for in those days only freemen and freeholders 
were allowed the privilege to vote in municipal affairs, and the 
bulk of the freeholders were Federalists. 

The following year, 1800, the Republicans gathered all their 
resources for one grand superhuman effort. Washington was 
dead; the keystone that held the Federal arch in position had 
dropped, and the Republicans resorted to every expedient, subter- 
fuge and argument that would tend to bring them into power and 
undo their Aristocratic adversaries. It was under these circum- 
stances that "The Tontine" came into existence. Many am- 
bitious young men chafed under the discrimination that pre- 
vented them from casting their ballots. They regarded the Feder- 
alist party as responsible for the ban they were under. Their 
sympathy naturally went with the Republican party. 

With two thousand dollars, an association was organized, a res- 
idence was purchased upon "The Tontine" principle, and the 
members qualified as voters. The Republicans for the first time in 
the history of the party carried the ward. But the victory was 
barren so far as the municipal election was concerned, for the 
votes thus cast were thrown out on the ground that " The Ton- 
tine" was contrary to the principles of the city charter. 
Among the better known of the members of " The Tontine r be- 
sides Daniel D. Tompkins, were Tunis Wortman, Richard Riker, 
Robert Livingston, Samuel Lawrence, William P. Van Ness, Rob- 



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8 Annual Report op the 

ert Swartwout, John L. Broome, John Jagger, David Thompson 
and John W. Woolf . 

The Republicans lost control of the city council, but were other- 
wise victorious in the city and the State. They elected as Gov- 
ernor the venerable George Clinton, who had been the first chief 
magistrate of the State under the State constitutional authority; 
who had served as such continuously from 1777 to 1795, and had 
been one of the recognized Republican leaders since the adoption 
of the Federal constitution. The Federalists took the humiliation 
of defeat with bad grace. 

Hamilton, from New York, May 7, 1800, wrote to Governor John 
Jay: 

" You have been informed of the loss of our election in this city. It Is also known 
that we have been unfortunate throughout Long Island and in Westchester. According 
to the returns hitherto, it Is too probable that we lose our senator for this district 

" The moral certainty, therefore, is, that there will be an anti-Federal majority in the 
ensuing Legislature and the very high probability is, that this will bring Jefferson into 
the Chief Magistracy, unless it be prevented by the measure which I shall now submit 
to your consideration, namely the immediate calling together of the existing Legisla- 
ture." 

To prevent " an atheist in religion and a fanatic in politics," as 
he spoke of Jefferson, " from getting control of the helm of the 
State," this high-minded statesman made this proposition to Gov- 
ernor Jay: " The calling of the Legislature will have for object 
the choosing of electors by the people in districts. This (as Penn- 
sylvania will do nothing) will insure a majority of votes in the 
United States for a Federal candidate. This measure will not fail 
to be approved by all the Federal party; while it will no doubt be 
condemned by the opposite." 

Jay placed this indorsement on this letter : " Proposing a meas- 
ure for party purposes which I think it would not become me to 
adopt." 



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State Historian. 9 

The " Farmer's Boy," as Tompkins was then popularly called, 
represented the Ninth New York district in the Assembly of 1803. 
In April, 1804, he was elected to Congress, but resigned his seat 
before Congress convened in order to accept the position of Su- 
preme Court Judge, which honor had been bestowed upon him by 
the Council of Appointment. And he relinquished the judgeship 
upon his nomination for Governor by the Republicans in caucus, 
February 16, 1807. 

He was a compromise candidate between DeWitt Clinton and 
Judge Ambrose Spencer. An insinuation was made — an insinua- 
tion which the present generation has heard applied to several of 
his successors of later date — that he was " the politicians' man," 
and that he would render himself subservient in every particular 
to the two men who secured his nomination, Messrs. Clinton and 
Spencer, in other words be a plastic tool in their hands. No evi- 
dence has ever been produced to show that Messrs. Clinton and 
Spencer were governed by any such purpose in nominating Tomp- 
kins, or ever entertained a suspicion that they expected to control 
the Governor in the administration of his official duties. 

He was not at this time a particularly well-known man. He had 
made many friends during the brief period he was on the bench, 
and a respectable reputation. He was always approachable, affa- 
ble and condescending. With the dignity of a judge he united a 
kindness of heart that drew people toward him irresistibly. By 
his charm of manner every one who came into his presence was 
put at ease. 

As a judge he was known for punctuality, fidelity to duty, for 
the patience he bestowed upon all matters of trifling detail that 
came before the court, for the earnest consideration he gave to all 



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10 Annual Report of the 

questions, for strict impartiality and for the justice and accuracy 
of his decisions. 

In appearance he was slightly over the medium height, with a 
strong, well-knit figure that became corpulent later in life. 

If contemporaneous evidence is to be trusted, his abilities were 
underestimated by the politicians and the people. He was classed 
as a man of mediocrity. 

Prof essor James Ben wick in his life of Clinton writes- 

•• Tompkins with no remarkable native powers of mind and but little acquirement, 
even as a lawyer possessed in a most eminent degree the art of Ingratiating himself 
with the people. He had the faculty* which Is invaluable to him who seeks for popular 
honors, of never forgetting the name or face of any person with whom he once con- 
versed; of becoming acquainted and appearing to take interest in the concerns of their 
families; and of securing by his affability and amiable address, the good opinion of the 
female sex, who although possessed of no rote, often exercise a powerful indirect 
Influence." 

Judge Tompkins took his seat as governor of the State, January, 
1808. The following year the Federalists elected a majority of the 
members of Assembly. A year later through the treachery of a 
Republican Senator the Federalists secured control of the Council 
of Appointment. The Governor now found himself in precisely 
the same position Governor John Jay had been nine years before — 
with a Council of Appointment of the opposite party against 
him. John Jay broke with his council and refused to call the 
members together. Governor Tompkins ignored the council. 

The most arbitrary and brutal political machine that ever ex- 
isted in this or any other State in this country, was the Council of 
Appointment, which came into existence with the State under the 
constitution of 1777. The Assembly was required annually to 
select from each of the four Senatorial districts into which the 
State was then divided, a Senator ior the Council of Appointment. 
The Governor was also a member. His authority, however, was 
restricted to giving a casting vote and no other. The Governor 



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State Historian. 11 

was invested with the power, under the constitution, of appointing 
nearly every officer in the State, outside of the State Treasurer, a 
power that included all military officers, line and staff, all civil offi- 
cers, all judicial officers, including the chancellor, justices of the 
Supreme Court, and justices of the peace. But as a matter of 
fact, the Council of Appointment resisted the exercise of this 
prerogative after George Clinton retired from the office of Gov- 
ernor in 1795. He had held, as did his successor, John Jay, who 
had framed the constitution and whose authority should have 
carried unquestioned weight, that the right of appointment was 
vested, not in the Council of Appointment, but in the Governor. 
DeWitt Clinton, upon the retirement from office of his uncle, 
raised the issue that the power to appoint lay with the Council of 
Appointment. 

The State constitutional convention of 1801 was called upon 
more particularly to decide this dispute; the only other question 
under discussion was that of limiting the number of members of 
Assembly and of the Senate. 

The decision of that convention was hostile to the Governor. In 
the language of Governor Tompkins, " the maxim was to strip the 
Governor of as much power as possible." 

In twelve years' time the Federal party had run its race in 
National politics. Year by year it had demonstrated that its faith 
in the people had diminished. Orator after orator of that politi- 
cal persuasion had declared that the American people were 
not fit to govern themselves. The end came in 1801 with the elec- 
tion of Thomas Jefferson, the arch Republican, as President of 
the United States. 

The Federalists for the first time lost in this State control of the 
Council of Appointment. And from that year the power for evil 



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12 Annual Report op the 

of this irresponsible instrument grew. It was not an unusual 
thing at its first annual meeting to overturn every act of its prede- 
cessor and to eject from office men holding the highest places in 
the State, including Supreme Court judges, down through the 
whole patronage category to the petty officer of city auctioneer. 
As an indication of the signs of the times the people at large 
seemed to give but little heed to these annual convulsions and rev- 
olutions in the patronage taking and patronage losing classes. 
Wholesale changes in office, no matter how demoralizing to the 
civil service, were regarded by the people as a part of the political 
system of the country as demonstrating the good Democratic doc- 
trine that any American is competent to perform the duties of any 
office in the gift of the people, and that no American is good 
enough to hold any one office for life. 

Both of the great political parties used the tremendous power 
of the Council of Appointment in utter defiance of public senti- 
ment or common decency. Once lodged in power, a party strove 
to excel its predecessor in the rapidity, expedition and thorough- 
ness with which it drove its opponents out of and its friends into 
office. 

After four years' service as Governor, with the broad and varied 
experiences be had squeezed into his previous career as a public 
officer, as member of the Constitutional Convention, of Assembly, 
of Congress and as a Circuit judge, Tompkins's character had 
rounded out, his mental qualities had developed and he was thor- 
oughly equipped for the arduous and extraordinary responsibili- 
bilities that were to devolve upon him. Like Aaron Burr, he had 
no rich or powerful family connections to hamper him, to make 
prejudices against and enemies for him. Tompkins soon was 
called " the Man of the People." 



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State Historian. 13 

The difference between the Council of Appointment and the 
Governor might have proven to be a serious matter at this 
particular juncture had a man of less resolution and of different 
temperament than Tompkins been in the Governor's chair. 

The council, as Federalists, naturally opposed the war. The 
Governor, as a Republican, indorsing the Republican administra- 
tion of President Madison, favored the war, heart and soul. He 
had been in public life long enough to comprehend that so long as 
the United States remained dormant, and continued indifferent 
to its interests and rights, that English aggressions would multi- 
ply and grow more and more intolerable, and that the present was 
as good as any time to call England to account and settle out- 
standing misunderstandings for good and all. 

Under the military code and the ridiculous interpretation of 
section 23 of the constitution by the Constitutional Convention of 
1801, which had decided that the power of the Council of Appoint- 
ment was co-ordinate with that of the Governor in the appoint- 
ment of officers, the council exercised the authority to nominate 
all military officers. The Governor, however, possessed the exclu- 
sive right to assign them to command. In other words, the 
council could create officers, but the Governor had the sole power 
to create commands and to assign officers to the commands thus 
created. 

The Council of Appointment, in exercising their constitutional 
prerogative, issued commissions to a number of worthy and com- 
petent soldiers. Many of these men had seen service during the 
Bevolutionary War, were in the prime of life and were well fitted 
for commands in the field. Politics, however, came into play. Be- 
cause the Council of Appointment was a Federalist body at this 
period, and bestowed commissions upon Federalists, Governor 



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14 Annual Report op the 

Tompkins refused to assign the officers thus appointed to com- 
mand. By the liberal distribution of " brevets " the Governor 
assigned to duty, officers of his own political faith, from ensign to 
brigadier-general, at the expense of regularly commissioned offi- 
cers who were Federalists. His military papers abound with dis- 
putes between officers on the question of seniority. Instead of sub- 
mitting these disputes to the Council of Appointment, the Gov- 
ernor invariably called a board of officers, and as the majority of 
these boards belonged to the Republican party, the decision in 
variably was against the Federalist claimant. 

Instances of the partisan nature of military appointments and 
the extent to which party feeling and party prejudices ran, are 
clearly portrayed in the subjoined extracts from Governor Tomp- 
kins' papers: 

February 2$, 1811. 
To the Hon. Pbtbr B. Porter: • 

" The enclosed letter is from Judge Osborn who wishes an appointment in the army* 
He was formerly a decided Federalist and represented Oneida county in the Assembly 
for several years. But disappointment in 1810 and disgust with the Federal party since,, 
has caused him to avow himself a Republican. • • • • He is well quali- 
fied for a major in the army, and I can recommend him cheerfully. 

By a list, which It is understood is before the Secretary of War, I learn that the 
names of Aquila Giles and Solomon Van Rensselaer, Benjamin Walker and William 
North are presented for the first grades of command. 

• • • • * • * 

Our Republicans will illy brook it that the command of an army In a contest with 
Great Britain should be entrusted to such men." 

And again: 

March 2, 1812. 
" To John Bul-lus: 

• * • The Republicans in this quarter are desirous that instead of Mr. Walton 
some friend to the Government should have the transportation of navy articles from 
New York to the western waters. 

" Walton is considered in the light of a British adherent and is largely engaged is 
smuggling from Canada. * • * Eli Lusher is the Republican transporter." 

And finally: 

April S, 1811. 
To Gen. Pauldino: 

" I have received your letter relative to the application of Mr. Davis for the office of 

deputy commissary general. I have already recommended Col. Lamb. Even If I had 

not, I should be reluctant to hazzard any further recommendations after such men as 

William North, Peter J. Schuyler, Robert L. Livingston, etc., are honored with the 

highest military distinctions in this State by a Republican administration. I shall avoid 

even the appearance of responsibility in the appointments to be made." 



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State Historian. 15 

This correspondence would indicate that a good citizen is capa- 
ble of becoming a rank partisan and a rank partisan a great 
patriot. 

Daring Governor Tompkins' first term his speeches to the Legis- 
lature dwelt more upon the serious condition of our national 
affairs that threatened to embroil us into a war with either France 
or Great Britain. In his first speech he alluded to the importance 
of protecting New York and the northern frontier. His address 
to the Legislature, January 30, 1810, bore mainly upon national 
matters, with a vigorous indorsement of President Madison's 
foreign policy. 

Having a majority in the Assembly in 1809, the Federalists in 
answer to the Governor's speech, took issue with him on his posi- 
tion in relation to the Federal Administration's foreign policy. 
Most of the time of the session was wasted by both of the great 
parties playing to the galleries on national affairs and manufac- 
turing ammunition to be used in the forthcoming campaign and 
election for Governor. 

Governor Tompkins was renominated in the Republican caucus 
February 5, 1810, without a dissenting voice. At the polls his ma- 
jority over General Stephen Van Rensselaer, his Federalist oppo- 
nent, was between six thousand and seven thousand votes. In his 
speech to the Legislature, January 29, 1811, he renewed the assur- 
ance that his " best efforts shall be devoted to a faithful discharge 
of the important trust." His speech was brief. One half of it was 
devoted to the triangular dispute between Great Britain, France 
and the United States. The final paragraph alluded to the com- 
mon school fund and "the means of adding to the liberal patronage 
which has been already extended for the promotion of learning 



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16 Annual Kbport of the 

and the consequent advancement of the cause of morality and 
religion." 

He was now the leader of the Republican party in the State. 
DeWitt Clinton was his most dangerous rival. 

For twelve years the Republican party had achieved a series of 
uninterrupted successes in the State and nation. The party had 
attained the point that every political party which enjoys a suc- 
cessive line of victories, reaches where it is menaced by greater 
dangers and perils from its own followers than from its opponents. 
So it was now with the Republican party. Schisms threatened it 
within its own ranks. 

DeWitt Clinton was strongly attached to his uncle George, the 
first Governor of the State. He espoused his uncle's candidacy to 
the Presidency in 1808 with all the spirit and energy he could 
command. The selection of James Madison was a sore disappoint- 
ment to the Clinton family. It was but natural, therefore, that in 
distributing the patronage of the Federal Administration, the new 
President should ignore the Clinton family, who had opposed his 
nomination, and favor the all-powerful Livingston family, which 
had supported him. The quick temper of DeWitt Clinton and a 
vituperative vocabulary led him into denunciation of the " Vir- 
ginia Dynasty," as he stigmatized the Administration. The 
friends of the President in Virginia and at the Federal capital 
resented these attacks in language fully as violent and with 
anathemas equally as vigorous. The breach widened. 

In New York city, where DeWitt Clinton was Mayor, the Fed- 
eral officeholders openly assailed him. They gathered together all 
the disaffected spirits of the party and held their meetings in 
Martlings Long Room, hence their name, " Martling Men." This 
faction was never particularly numerous, but it was always bois- 



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State Historian. 17 

terous, belligerent and active, and eventually sapped Clinton's 
political status with many Republicans. 

Among its most energetic members was Mangle Minthorne, 
Governor Tompkins' father-in-law. The Governor's friends were 
always ready to aver that he never lent any of his influence to the 
"Martling Men," but it is only human nature to assume that, 
when they were in need of encouragement, the Governor was not 
ungrateful enough to turn his back upon them. They were known 
as Madison Republicans. More out of spite than as a matter of 
judgment, Clinton had originally opposed the embargo. Tomp- 
kins, as Governor, had not only favored the embargo, but co-oper- 
ated with the Administrations of Jefferson and Madison in carry- 
ing out the law. When the Administration desired the influence 
of the Republican party in New York, Tompkins was consulted. 
And the quid pro quo which obtains in politics was never with- 
held from Governor Tompkins when the assistance of the Federal 
Administration, up to the last year of his final term as Governor, 
was essential. 

January, 1809, Clinton offered a resolution in the State Senate 
approving the embargo. This measure was regarded at the time 
as an effort toward conciliating the National Administration. It 
failed to produce the effect he desired. 

In the winter of 1811-12 DeWitt Clinton's name was pushed f or- 
ward by his friends with energy for the Presidency. The Admin- 
istration had lost caste not only with the people, but with mem- 
bers of its own party for its apathy and lack of decision and of 
force in its foreign policy. President Madison was accused of 
over-caution, of timidity, and of irresolution. 

As a step forward in his Presidential ambition, DeWitt Clinton 
was elected Lieutenant-Governor to fill the vacancy made by the 

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18 Annual Report op the 

death of John Broome. He was formally put in nomination for 
the office of President of the United States, at the Legislative 
caucus of Republicans held in the city of Albany, May 29, 1812. 
The minority, or Madison Republicans, uttered a forcible protest 
against the proceedings. One of the foremost opposers was Clin- 
ton's old-time friend, Judge Ambrose Spencer, with whom Clinton 
had recently quarreled, snapping a friendship that' had endured 
for years. Arrayed against him were such powerful members of 
his party as Governor Tompkins, ex-Governor Morgan Lewis, 
Nathan Sanf ord, Judge John Tayler, the Livingston family, Gen- 
eral Erastus Root, Elisha Jenkins, Secretary of State, General 
Peter B. Porter, the most popular and most powerful politician in 
the western end of the State; and the " Martling Men," who had 
bloomed into Tammany Hall men. 

The war message of President Madison, which was sent to Con- 
gress June 1, 1812, crushed Clinton's hopes, whirled the Adminis- 
tration back into popular favor, and, in the minds of all fair and 
far-seeing men left no doubt as to the result of the election at the 
polls. 

Governor Tompkins' reputation as a statesman would rest on 
poor soil had it no other foundation than the speech he delivered 
to the Legislature January 28, 1812. The sentiments he expressed 
were not the sentiments of a broad-gauge, liberal and sagacious 
man. Consideration must be made, in all justice to him, for the 
knowledge which he had acquired as to the questionable method* 
which were practiced by financial institutions to secure legisla- 
tion which they needed. The United States Bank had gone out of 
existence. It had failed to persuade Congress to renew its charter 
during the session of 1810-11. It was beaten in the Senate by the 



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Statu Historian. 19 

casting vote of Vice-President George Clinton, who expounded 
the Republican idea of the proper construction of the Constitution 
in the following words: 

" In the course of a long life I have found that government is 
not to be strengthened by an assumption of doubtful powers, but 
by a wise and energetic execution of those powers which are incon- 
testable." 

A great deal of the capital of the United States Bank had been 
rendered useless. The shrewdest stockholders conceived the idea 
of creating in the State of New York a gigantic institution on lines 
similar to those of the United States Bank. The name selected 
was " The Bank of America." Agents were sent skurrying over 
the State to interview the members-elect of the Legislature and to 
offer most alluring promises for votes. Reports of these nefarious 
operations were brought to the Governor's attention. His speech 
at the opening of the legislative session in January, 1812, was one 
of the most extraordinary ever heard from a Governor in the halls 
of legislation. Fully aware of the corrupt methods practiced by 
the friends of the bank, he called attention to the fact that 
petitions for new banks, with an aggregate capitalization of 
118,500,000, would be presented during the coming session. 

In his determination to prevent the wholesale corruption of the 
Legislature and a scandal that would bring everlasting disgrace 
upon the State of New York, he gave utterance to arguments and 
expressions that, were it not for his zeal and his sterling sense of 
honesty, would approach close to the demagogic. 

A few quotations from his address will better explain the Gov- 
ernor's position : 

"One prominent objection which meets us at the threshold of an 



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20 Annual Report op the 

examination of this subject is, that the vaults of banks are the 
reservoirs into which the specie is collected, and where larger 
quantities of it are at all times accessible by those who may wish 
to send it out of the country, than would be the case were the 
specie left diffused, instead of the paper. 

" Bank stock is generally owned by the speculating, the 
wealthy, and the aspiring part of society. * * * 

" The influence of the wealth amassed and concentrated in bank 
stock, wielded under the direction of a few persons not accounta- 
ble or responsible to the community for their conduct, nor re- 
strained by any official oath, may be devoted to a sway over indi- 
vidual passions, sentiments and exertions, alarming in a represen- 
tative government. 

" One of the baleful consequences of banks is the facility with 
which credit may be obtained by certain descriptions of persons 
in and near cities and villages through the medium of a responsi- 
ble endorser. The fictitious capital thus acquired by a man in- 
spires confidence in all descriptions of dealers and mechanics, who 
consequently trust him." 

In this same message, with war impending, the Governor de- 
votes a paragraph recommending means " for the gradual and 
ultimate extermination from amongst us of slavery, that reproach 
of a free people." 

Hardly had the legislative session opened ere the bill for the 
incorporation of the bank was introduced in the Assembly. A 
dazzling bribe accompanied the petition — of $600,000— f 400,000 of 
which were to be presented to the common school fund, f 100,000 to 
the literature fund, and the remaining f 100,000 to be paid into the 
State treasury at the expiration of twenty years — and here was 



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State Historian. 21 

the African in the woodpile — provided, however, that the Legisla- 
ture issue no other bank charters. For this gigantic monopoly, 
the bank people expressed themselves as willing to loan to the 
State f 1,000,000 at 5 per cent, for the construction of canals. To 
lull the suspicion and gain the friendship of the farmers, an addi- 
tional proposition was embodied, to loan to the farmers ? 1,000,000 
at 6 per cent. With the promise of so much cash for public use, 
the promoters of the scheme controlled a munificent amount for 
ready, secret and sinister purposes. The largest, most aggressive 
and influential lobby ever seen in Albany was present to advance 
the prospects of the bill. Any man, no matter what his politics or 
his standing in the community, who possessed sufficient influence • 
to "convince" a doubting, wavering, recalcitrant or contumacious 
member was brought to Albany — transportation, subsistence and 
compensation provided for by the liberality of the promoters — to 
help along the cause. The bill went a-spinning through the As- 
sembly, by a vote of 58 to 38. There was no question about the re- 
sult in the Senate. The way had been paved with gold, and lighted 
with the most enticing promises. The climax of jubilation and 
exhilaration was reached by the promoters and friends ( of the 
scheme. Success was assured beyond a doubt. They had the 
glass to their lips, when of a sudden it was dashed from their 
hand. The Governor, in the exercise of his constitutional preroga- 
tive, prorogued the Legislature. 

Furious with rage and disappointment, the friends of the 
scheme exhausted the vocabulary of expletive in denouncing the ' 
Governor. " Tyrant," " usurper of the liberties of the people," ' 
"despot," were every-day remarks that were hurled at him. He 
was accused of imitating monarchical methods. The Governor 



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22 Annual Report op the State Historian. 

was well supported by the ablest and most honest men of his own 
party. He had delayed, not defeated, the passage of the bill. The 
Legislature was prorogued March 27, 1812. It reconvened May 21, 
following. The Senate picked up the bill and sent it to the Coun- 
cil of Revision. 



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II 

THE PROVOCATIONS FOR WAR. 

THE FORBEARANCE, PATIENCE AND TOLERANCE EXE&OISBD BY THE 
UNITED STATES BEFORE WAR WAS DECLARED — ENGLISH AG- 
GRESSIONS AND FRENCH IMPOSITIONS. 

There was no time between the peace of 1783 and 1812 that war 
between the United States and Great Britain was not within the 
range of possibilities. Scarcely a year passed that sufficient prov- 
ocation was not given that would have justified a declaration of 
war. England understood our weak, almost helpless condition as 
thoroughly as our own statesmen. We had no army to boast of, no 
navy to speak of, and financially we were next door to bankruptcy. 
England controlled then, as she does to-day, the markets of the 
world. Her power financially was transcendent. 

The prejudice in this country against England was natural, out- 
spoken, deep-seated and bitter. Nor had English statesmen 
deemed the friendship of the United States of sufficient impor- 
tance to warrant their making any effort to promote more cordial 
relations between the two countries. The two treaties which had 
been drafted resulted only in widening the chasm and intensifying 
the anti-English spirit. Both instruments were regarded by the 



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24 Annual Kbport op the 

great mass of the American people as clean surrenders on the part 
of this country to superior English cunning and more experienced 
English diplomacy. The first or Jay treaty was received with vio- 
lent demonstrations. In Philadelphia John Jay was burned in 
effigy. A pair of scales was suspended from the effigy, labelled 
on one side : "American Liberty and Independence ;" on the other, 
" British Gold." Public and open air meetings were held all over 
the country; the treaty and its sponsors were overwhelmingly and 
virulently denounced. In New York, Alexander Hamilton, who 
only a few months before had been presented with the freedom 
of the city, attempted to make a speech from the balcony of the 
old City Hall, but the mob pelted him and his friends, among 
whom was Rufus King, with stones and forced them to retire. 
The mob split, one party under the leadership of Edward Living- 
ston, proceeded to the Bowling Green and burned a copy of the 
obnoxious instrument in front of the Governor's house. In 
Albany two parties of Federalists and anti-Federalists came to- 
gether with a clash on what is now Green street, and a serious 
riot was prevented only through the personal eft orts of the cooler- 
headed. The tide turned in favor of the treaty when the New York 
Chamber of Commerce adopted resolutions approving it. While 
the treaty contained many pbjectionable features, it is exceedingly 
doubtful, with all the later light that has been thrown upon the 
proceedings which attended its adoption, whether Jay could have 
secured more concessions and whether any other man could have 
done as well as Jay had. The question at issue was the "adoption 
of a treaty, " or " a declaration of war." At no time in our his- 
tory were the United States in so poor a condition to fight. 

The Erskine treaty, which followed the Jay treaty, had been 



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Statu Historian. 25 

drafted by England's accredited agent, and was simply a dead 
letter; for England never made the slightest pretence to put it into 
effect. 

It was not necessary for England to begin aggressions on the 
high seas against this country to stimulate the hatred and inten- 
sify the bitterness then prevailing. The natural sympathy and 
predilections of Americans were strongly in favor of the French 
people. From their mother's breasts they had imbibed hostility to 
England, which had developed into the conviction when they at- 
tained manhood that England was the " common enemy " of the 
United States. Men who in the first decade of this century were 
most prominent in public life, had been born during or in the 
years immediately succeeding the Revolutionary War. They had 
not forgotten the descriptions of the loathsome horrors of the 
British prison ships, or the indescribable cruelties practiced by 
English soldiers and their allies, the Hessians and Indians, 
during the seven years of that war. On the other hand, the gener- 
osity and friendship of the French people during our struggle 
were gratefully cherished, and forever glorified. Thomas Jeffer- 
son's influence was habitually exerted to foster the sentimental 
relations that existed between France and the United States. He 
had returned from Paris a full-fledged Jacobin. In imitation of 
French customs and manners, the organization of political clubs 
became epidemic, cockades were worn in hats, French styles of 
dress were adopted, the French spirit was thoroughly diffused 
and French principles became a part, for the time being, of our 
body politic. 

Political parties divided on the question of foreign relations. 
The Federalists were known as the English party, the Republican 



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26 Annual Report op the 

party as the French party. The Federalists in reproach called 
their political opponents " Democrats " because the Republican 
party was believed to be in principle and practice allied with* the 
Jacobin clubs in France. The term " Republican party " was used 
by the members of that party until the election of Andrew Jack- 
son, in 1828, when it assumed the name it still bears, " the Dem- 
ocratic party." 

With this brief statement of fact, the causes that led to the 
second war with Great Britain, the difference in sentiment in this 
country, the reasons that governed one political party in opposing 
and the other political party in favoring the war, the attitude of 
New England and of other States, and the politics that Massachu- 
setts played against New York and Pennsylvania, can be more 
clearly understood as the narrative unfolds. 

When in 1803 hostilities were renewed between France and 
England, each of the belligerent powers seemed to be governed 
by a determination to out-do each other in repudiating all obliga- 
tions that were due this country as between nations. The depre- 
dations and aggressions that were made upon our commercial 
rights and national prerogatives, in defiance of ordinary de- 
cency and international law, were flagrant, intolerable and out- 
rageous. British cruisers and privateers played the part of high- 
waymen upon the high seas and waylaid merchant vessels of the 
United States wherever opportunity presented itself; members 
of crews of American ships were removed by violence 6r by force 
of numbers and impressed into the English service. Complaint 
was made to the English government as far back as 1792 on these 
two heads. The United States in that complaint called attention 
to the irritation that had been excited in this country against 



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Statu Historian. 27 

England and an explanation was called for. England resorted 
to diplomacy and this country received no satisfaction, except the 
Jay treaty. Even then England continued her aggressions. The 
United States diplomatically suggested that war between the two 
nations was inevitable unless England changed her policy. In the 
diplomatic correspondence which followed and which covered a 
period of five years, England was informed "that the impressment 
of American seamen was an injury of very serious magnitude, 
which deeply affected the feelings and honor of the nation; yet 
that they were impressed; they were dragged on board British 
ships of war with the evidence of citizenship in their hands and 
forced by violence there to serve until conclusive testimonials of 
their birth could be obtained." 

Every remonstrance that reached England from the United 
States was met by the English diplomatic policy of negotiation and 
delay. The seizure of American ships, the rifling of American 
commerce and the impressment of American seamen continued 
with unabated insolence and with unrestricted violation of all 
law, common, maritime and international. The case was excel- 
lently expressed by Alexander J. Dallas, Secretary of the Treas- 
ury, in his narrative or vindication of the war: 

" But the English claim expanding with singular elasticity was 
soon found to include a right to enter American vessels on the 
high seas in order to search for and seize all British seamen; it 
next embraced the case of every British subject; and finally in its 
practical enforcement, it has been extended to every mariner who 
eould not prove upon the spot that he was a citizen of the United 
States. 

"While the nature of the British claim was thus ambiguous and 



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28 Annual Report op the 

fluctuating, the principle to which it was referred, for justification 
and support, appeared to be at once arbitrary and illusory. It was 
not recorded in any positive code of the law of nations; it was not 
displayed in the elementary works of the civilian ; nor had it ever 
been exemplified in the maritime usages of any other country in 
any other age. In truth it was the offspring of the municipal law 
of Great Britain alone; equally operative in a time of peace and in 
a time of war; and, under all circumstances, inflicting a coercive 
jurisdiction upon the commerce and navigation of the world." 

Thus international complications went from bad to worse — 
until the United States found itself between two blades of Euro- 
pean shears — France enforcing the Milan and Berlin decrees, 
clipping our vessels under an arrogant assumption that " every . 
neutral vessel found on the high seas, whatsoever be her cargo, 
and whatsoever foreign port be that of her departure or destina- 
tion, shall be deemed lawful prize;" and England, by her orders 
in council, cutting into our prerogatives by forcibly entering 
American ships and violently impressing American seamen. 

Encouraged by the cautious policy of President Jefferson, and 
emboldened by the well-known helplessness of this country, Eng- 
land now proceeded to extremely audacious methods. A squadron 
of English men-of-war patrolled our coasts, blockaded our ports, 
invaded our bays and rivers, anchored in the harbors and threat- 
ened defenceless towns with destruction. 

A crisis was reached, however, when the " Leopard," a 50-gun 
English ship, attacked and disabled the 36-gun American frigate, 
" Chesapeake," off the Virginia coast, under the guns of the Eng- 
lish squadron, June 22, 1807. The " Chesapeake," bound for the 
Mediterranean under command of Captain James Barron, sailed 



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State Historian. 29 

from Hampton Roads at eight o'clock in the morning. The 
" Leopard," Captain Humphreys, had left her anchorage at Lynn- 
haven some time before and preceded the " Chesapeake " to sea. 
At three o'clock in the afternoon, when forty-five miles from port, 
the " Leopard " hailed the " Chesapeake," Captain Humphreys 
explaining that he had dispatches for England, a courtesy that 
was commonly exchanged between men-of-war. Upon reaching 
the deck of the " Chesapeake," the English lieutenant, who was 
supposed to have the dispatches, produced an order from Vice- 
Admiral Berkeley, directing all commanders in the English 
squadron to board the " Chesapeake " wherever found on the high 
seas and " to search for deserters," and " to proceed to search for 
the same." 

Captain Barron refused to permit any search of his ship to be 
made. The " Leopard " fired a shot across the bow of the Ameri- 
can frigate. The latter refused to obey this summary command 
u to heave to," and the " Leopard " poured a broadside into the 
" Chesapeake." 

When the English lieutenant left the " Chesapeake," Captain 
Barron ordered the ship cleared for action. But the ship was in no 
shape to resist. Her decks were blocked with ship's furniture, 
personal effects, boxes of provisions and chicken coops. The crew 
were unable to find wads, gun locks, matches and ram rods. 

For fifteen minutes the " Chesapeake " received broadside upon 
broadside from the " Leopard " without being able to fire a gun in 
return. Her sails were riddled and her masts were scarred. She 
was hulled twenty-one times. As the American flag fluttered 
to the deck in token of surrender, Lieutenant Allen, commanding 
the second division of the " Chesapeake," picked a hot coal from 



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30 Annual Report of the 

the galley with his fingers and dropped it on the vent of one of 
his guns. The shot thus fired hulled the " Leopard." Hostilities, 
such as they were, then ceased. 

The "Chesapeake's" loss in this uncalled for and outrageous at- 
tack was three killed and eighteen wounded. British officers 
boarded the " Chesapeake " and -removed five of her crew, on the 
ground that they had deserted from English men-of-war. The 
" Chesapeake " returned to Hampton Roads. The " Leopard," with 
delightful effrontery, sailed westward and made anchorage within 
the jurisdiction of the United States. 

This episode produced an uproar of excitement in this country. 
Many ultra Republicans clamored for war. The usual diplomatic 
correspondence ensued. The English officer guilty of the offense 
was transferred to another station and — promoted. Reparation 
was made to this country, but "so ungracious in the manner and 
so tardy in the result " as to intensify rather than mitigate the 
feeling of hostility to England. English sentiment in this 
country, however, deprecated war and asserted that the French 
decrees were as obnoxious in their inception, design and execution 
as the British orders in council. 

Following the general national policy of retaliation, this gov- 
ernment introduced the embargo and enforced it after a fashion. 
It was Mr. Jefferson's antidote for war. The recoil of this gun 
upon this country was more disastrous than the effect of its dis- 
charge upon the two countries at whom it was aimed, England 
and France. It was, therefore, spiked; the embargo was raised 
and the policy of non-intercourse and non-importation substituted. 
This system, which was put in operation March, 1809, prohibited 
American ships from entering British and French dominions and 



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State Historian. 31 

from trading in articles of French or English product and manu- 
facture. Authority was vested in the President to renew trade 
with France or Great Britain should one or the other, or both, 
revoke or modify the decrees of the one or the orders in council of 
the other. 

Napoleon and the Prince Regent paid no attention to the pacifi- 
catory course of the United States. The National Administration 
then decided upon war. Before closing the door of peace, how- 
ever, the United States extended the time to March 3, 1811, for 
England and France to relax or remove their oppressive measures; 
if either one or the other failed to grasp this chance for peace, 
then, at the expiration of three months, the provisions of the non- 
intercourse and non-importation act should be revived. 

Diplomacy and negotiation looking to a peaceful end of the 
difficulties between the United States and Great Britain were lost 
by the stubborn and bull-headed policy of the older country. 
France in the meantime had sophistically revoked her decrees. 

As a last resort to avert war, the Congress in 1811 passed a new 
act of conciliation, directed squarely and specifically at Great 
Britain. England's obduracy continued. She not only refused to 
rescind or modify her orders, but attempted to open a diplomatic 
quibble over the revocation of the French decrees in their particu- 
lar relations to this country. Moderation, toleration and consid- 
eration, patience, fair play and ordinary decency against such a 
policy and against such a nation ceased. Diplomatic resources 
had been exhausted. National pride had been stretched to the 
utmost limit. The United States had repeatedly ignored the vain- 
glorious principles that stump speakers love to allude to as " the 
nation's dignity and the nation's honor " in order to preserve 



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32 Annual Report of the State' Historian. 

peace and avert war. England up to tbis time had impressed from 
the crews of American merchant vessels, fully six thousand 
sailors, who claimed to be citizens of the United States; a thou- 
sand American vessels had been seized and their cargoes confis- 
cated. 



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Ill 

PRESIDENT MADISON'S MESSAGE. 

HIS RECORD AS A FEDERALIST AND AS A REPUBLICAN — CAUTIOUS, 
DELIBERATE AND INDECISIVE — NEW ENGLAND^ EFFORTS TO 
CRIPPLE THE EFFORTS OF THE FEDERAL ADMINISTRATION. 

President Madison sent his war message to Congress June 1, 
1812. June 18th the Congress declared war against Great 
Britain. In summing up his reasons for a declaration of war, the 
President used these words: 

" British cruisers have been in the continued practice of violating the American flag 
on the great highway of nations, and of seizing and carrying off persons sailing under 
it, not in the exercise of a belligerent right founded on the law of nations against an 
enemy, but of a municipal prerogative over British subjects. British jurisdiction is 
thus extended to neutral vessels in a situation where no laws can operate but the law 
of nations and the laws of the country to which the vessels belong, and a self-redress 
is assumed which, if British subjects were wrongfully detained and alone concerned, is 
that substitution of force for a resort to the responsible sovereign which falls within 
the definition of war. Could the seizure of British subjects in such cases be regarded 
as within the exercise of a belligerent right, the acknowledged laws of war, which for- 
bid an article of captured property to be adjudged without a regular investigation before 
a competent tribunal, would imperiously demand the fairest trial where the sacred 
rights of persons were at issue. In place of such a trial these rights are subjected to the 
will of every petty commander. , 

" The practice, hence, is so far from affecting British subjects alone that, under the 
pretext of searching for these, thousands of American citizens, under the safeguard of 
pnblic law and of their national flag, have been torn from their country and from every- 
thing dear to them; have been dragged on board ships of war of a foreign nation and 
exposed, under the severities of their discipline, to be exiled to the most distant deadly 
climes, to risk their lives in the battles of their oppressors, and to be the melancholy 
instruments of taking away those of their own brethren. 

" Against this crying enormity, which Qreat Britain would be so prompt to avenge 
if committed against herself, the United States have in vain exhausted remonstrances 
and expostulations, and that no proof might be wanting of their conciliatory disposi- 
tions, and no pretext left for a continuance of the practice, the British Government was 
formally assured of the readiness of the United States to enter into arrangements such 
as could not be rejected if the recovery of British subjects were the real and the sole 
object. The communication passed without effect." 

One of the best utterances in the message is the paragraph 
which reads: 

" We behold, m fine, on the side of Great Britain a state of war against the United 
States, and on the side of the United States a state of peace toward Great Britain." 
3 



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34 Annual Report op the 

The President's message took the country by surprise, not 
80 much because it declared for war, for the country had been 
expecting such a result for four years at least, but because Madi- 
son had gathered courage, energy and determination enough to 
draft and promulgate it. A marked revulsion of sentiment in his 
favor set in. The message was regarded as the one strong act of 
an Administration that had been conspicuous for indecision, 
excessive caution and lack of backbone. 

President Madison originally was a Federalist. He was called 
" the Father of the Constitution." Of the eighty papers of " The 
Federalist," he prepared twenty-nine, Hamilton forty-six and 
John Jay five. In one of his papers Madison wrote: " Every man 
who loves peace, every man who loves his country, every man who 
loves liberty, ought to have it ever before his eyes that he may 
cherish in his heart a due attachment to the union of America and 
be able to set a due value on the means of preserving it." 

" The means " he alludes to was the Federal constitution. 

But time, like all things, produced a marked change in Madison. 
The death of Washington left Jefferson, a born anti-Federalist, 
the strongest man in Virginia. It is usual now-a-days to speak of 
Madison as a man who was a statesman until he became Presi- 
dent, and who developed into a politician after he was elected 
President. This is a serious mistake. As far back as 1789, Madi- 
son, as a Federalist, was defeated for the United States Senate in 
Virginia — he was then thirty-eight years of age — and was elected 
to the lower house of Congress only after he had openly repu- 
diated the then prevailing impression that he was opposed to 
amendments to the Federal constitution. By pledging himself to 

the support of the amendments then proposed he was one of the 

mi.. .. 



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State Historian. 85 

seven Federalists chosen out of Virginia's quota of ten Congress- 
men. 

It is not surprising, therefore, that, in after years, yielding to 
the influences of environment, he became a devotee of Jeffer- 
son's, for, after all, in those days the- power of Virginia in national 
politics was progressive, irresistible and supreme. The man 
whose ambition was fired for advancement, politically, must of 
needs recognize and pay tribute to this political mercenary who 
kept the toll gate on the road to the White House. " Go with the 
State " was the motto that blurred the principles of many a man 
who in all other respects was clear headed — a motto that subse- 
quently crystallized into the revolutionary doctrine of State's 
Bights and led to the most destructive war modern times has 
seen. 

For twenty-four out of twenty-eight years, the office of Presi- 
dent of the United States had gone to the State of Virginia. 
The Secretary of State was regarded as the residuary legatee of an 
Administration, as the senior lieutenant-colonel is looked upon 
as the next commandant of a regiment. 

Jefferson had served as Washington's Secretary of State, and 
Madison occupied the same relative position in Jefferson's Cabi- 
net Jefferson named his successor as President of the United 
States, as eight years later Madison named his. 

Madison's training was equally that of a politician and a diplo- 
mat. By Europeans he was regarded as a cultivated diplomatist 
trained in all the arts of the most finished modern school. Singu- 
lar ae it may appear, this reputation was established also in the 
United States at large, outside of Virginia; in his native State he 
was known as " Little Jimmie Madison, the politician." 



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36 Annual Report op the 

He had never been looked upon as a leader or an orator. He 
was not a graceful, though he was a logical and convincing 
speaker. He relied more upon careful preparation and disin- 
terested statement of fact than upon similes of sunset-colored 
appeals to the imagination. He was shifty rather than steadfast, 
procrastinating rather than energetic, and cautious rather than 
bold. 

His conduct of the second war with Great Britain, ridiculously 
termed by many writers as " the second war of independence," 
was conspicuous for lack of action, of spirit, of energy and of co- 
operation between the State militia and the regular troops. 
Naturally, the President was held accountable for all the mistakes 
made by the land forces. He lost caste not only with the people, 
but with his own party. 

In all fairness, however, the President wasseriously handicapped 
in many ways. The country was very young, very weak and ex- 
tremely poor — weak from a military and poor from the financial 
standpoint. Factional political differences frustrated the per- 
formance of many commendable national projects. 

Opposition to the war was not baaed on party lines. It is true 
many Federalists, no doubt the majority in New England, were 
against war, as many Republicans denounced war in New York* 
On the other hand, a number of prominent New England Federal- 
ists favored the war. Political parties may have influenced, but 
they did not control, public sentiment on the question. The great 
body of Federalists was governed by their friendship and affec- 
tion for Great Britain. Their contention that the United States 
possessed no sufficient cause for war with England, but had every 
provocation to fight France, was flimsy and absurd, and carried 
neither conviction to those who heard it nor respect for those who 



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State Historian. 37 

advanced it. The class who opposed the war because the declara- 
tion was premature and the country was in no condition to fight 
Great Britain any more than it was to fight France, had more sub- 
stantial grounds to stand upon and a more reasonable proposition 
to advance. 

For several years British emissaries had been canvassing New 
England disseminating the insinuation that the Republican party 
in this country favored France; that Napoleon was more to be 
feared and was a greater enemy to the United States than Eng- 
land. The strong English sentiment that prevailed in New Eng- 
land permitted these arguments unrestricted sway. From the 
course of New England during the war, there can be no question 
that England had insidiously planted the seed in the Eastern 
States for a recolonization of the American States with a view of 
ultimately securing possession of all her old colonies east of the 
Ohio and north of the Potomac. The course of New England 
amply justifies this impression. Massachusetts was the first 
State to denounce the war; the New England banks were con- 
trolled by Federalist capitalists, and not only refused to loan a 
dollar to the Government, but to use any influence that would 
give standing, credit or currency to the Treasury notes. It went 
one step further. Massachusetts was the first State to draw the 
line that authority was equally divided between the Governor of 
a State and the President of the United States, to determine the 
exigency which required the calling out of the State militia. 

Arguments, specious, fallacious and iniquitous were used to the 
end to split the United States in twain, and obstacles that would 
have been ridiculous had they not been revolutionary were 
thrown in the way to embarrass the national authorities. 
The ringleaders in this conspiracy against the National Gov- 



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38 Annual Report op the 

eminent were Harrison Gray Otis, Cyrus King, half-brother 
of Buf us King, and Governor Caleb Strong. The latter, August 1, 
1812, asked the Supreme Court of Massachusetts officially for 
advice on two propositions: First, Whether the President or the 
Governor were to determine when the exigency had arisen when 
the militia of the State were to be placed in the service of the 
United States; second, whether, when the exigency is determined, 
and the militia employed accordingly, they can be commanded by 
any but militia officers, except the President himself. The Massa- 
chusetts Supreme Court, to a man, submitted to the influence of 
their environment and rendered an absurd decision that gratified 
the Federalists of New England and produced no end of irritation 
at Washington. 

Massachusetts occupied by no means an isolated position on 
this proposition. Between the first and second sessions of the 
Thirteenth Congress, she received hearty support from four of her 
fellow New England States. Governors John Taylor Gilman, of 
New Hampshire, William Jones of Rhode Island, and John Cotton 
Smith of Connecticut delivered addresses to their Legislatures, 
condemning the war and the National Government. Governor 
Smith's address was by far the most moderate in language and 
conservative in tone. 

It remained, however, for Governor Martin Chittenden of Ver- 
mont to defy the National Government and to approach the line 
that divides sedition and treason. October 23, 1813, he expressed 
himself to the Legislature in this manner: "The militia," he 
declared, " was exclusively assigned for the service and protec- 
tion of the several States, except to execute the laws of the 
Union, suppress insurrections or repel invasions. It never was 



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Statd Historian. 39 

intended that the whole body of the militia were by any kind of 
magic at once to be transformed into a regular army. ,, 

Haying delivered himself of this bit of demagogy, he proceeded 
the following month to illustrate his ideas in a manner that would 
have led to serious consequences had a man of more determina- 
tion than Madison occupied the White House. At a critical period 
of the campaign, when Hampton's wing of the Northern Army 
was directed to march into Canada to co-operate with General 
Wilkinson's Army of Invasion, Governor Chittenden, from Mont- 
pelier, and as Captain-General and Governor, issued a proclama- 
tion ordering the Vermont Brigade, which was stationed at 
Plattsburg and operating under the orders of United States offi- 
cers, to return to their homes, within the territorial limits of their 
own brigade, there to repel, if need be, the enemy's invasion, either 
in co-operation with troops of the United States, or separately, as 
might be necessary. 

To the credit of some of the officers of the Vermont regiments 
be it said, the Governor's proclamation, was repudiated. The offi- 
cers " absolutely and positively " refused " obedience to the order 
of his proclamation." The final sentence of the address of the 
officers reads: "A knowledge of your Excellency's character 
induces us to believe that the folly and infamy of the proclama- 
tion to which you have put your signature are chiefly ascribable 
to the evil advisers by which your excellency is encompassed." 

General Jacob Davis of the Vermont militia, who was charged 
by Governor Chittenden with the execution of his order, was 
promptly placed in arrest by the regular army officer in command 
at Plattsburg. The matter was finally taken to the Supreme 
Court of the United States, whose decision sustained the position 
taken by the regimental officers, and repudiated the revolutionary 



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40 Annual Report of the 

doctrines established by the Supreme Court of Massachusetts and 
the Governor of Vermont. 

While Maryland, whose Governor, Levin Winder, like Governor 
Strong of Massachusetts, was a hero of the Revolution, sympa- 
thized with New England in its opposition to the war and to the 
Federal administration, President Madison had no cause for com- 
plaint against the generous support and vigorous co-operation he 
received from New York, Pennsylvania, Ohio and Kentucky. 

England unquestionably appreciated the position that was 
assumed by New England toward her, for the protective policy the 
older country displayed toward that section was conspicuously 
significant. While a fleet of British war vessels was maintained 
to blockade the Atlantic coast, not a hostile shot was fired from a 
British vessel at New England except during the three days' bom- 
bardment of Stonington, Conn., August, 1814, nor was a hostile 
army seen during the war in any one of the New England States. 
On the other hand, New York, which from the outset had sup- 
ported the war, felt the full brunt of England's wrath from first to 
last. The strategic politics of the war can be seen by a review of 
these facts; and the argument that England was hopeful of the 
success of her recolonization scheme is strengthened. 

Six months after the declaration of war, the National Govern- 
ment was practically bankrupt. The government had but little 
credit and three millions and a half less custom receipts than in 
the preceding year, 1811. Foreign loans were out of the ques- 
tion. The great United States Bank, which might have been of 
some service, had ceased to exist, and the State banks and private 
citizens opened the only road that enabled the government to face 
its tremendous responsibilities. Napoleon was conducting his 
prodigious campaigns, not with loans but with coin. Even Eng- 



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State Historian. 41 

land, with her unlimited financial influence -and inexhaustible 
credit, had to pay £45,900,000 for a loan of £27,000,000. The war 
on the part of the United States was to be conducted not by a tax 
upon the people but by borrowed money. The $ 32,000,000 which 
were raised by Acts of Congress in 1812, were borrowed without 
any substantial pledge for payment, not even for interest. The 
116,000,000 of 1813 was mostly raised in the patriotic cities of New 
i ork State, the price paid being 88 per cent, for 6 per cent., or 
if at par with an annuity of 1£ per cent, per annum. 

The financial operations of government were assailed in the 
most virulent manner by New England orators and newspaper 
writers and members of Congress, who asserted that it was the 
duty of patriotism to defeat the National Government by destroy 
ing its credit; they went further and declared that a National 
debt contracted for a war so unjust, should not be paid. Brokers 
venally depreciated the loan for speculative purposes and 
demanded extortionate commissions — a policy of cupidity for 
which Governor Tompkins was made to suffer, most unjustly, 
later on. Threatened nullification by South Carolina in 1832 was 
no more reprehensible or treasonable than the refusal of Massa- 
chusetts and Connecticut in 1812-1813 to levy their quota of troops 
for the National weal. 

Villification of the President was carried to extremes by the 
Federal press. He was subjected to attacks as vitriolic and 
venomous as any that ever were made upon his predecessors. The 
same issues that prevail to-day in politics were rampant then ; the 
classes against the masses; use and abuse of power; liberty and 
license of the press. The President was invariably displayed on 
the side that would excite public ridicule and contempt. During 



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49 Annual Repobt of the State Historian. 

an illness in July, 1813, his stomach rejected a black substance. 
" The President has rejected his conscience," was the comment of 
a Federalist member of Congress. The charge of habitual intox- 
ication was one of the many serious charges published in the 
Federalist press against him. 



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IV 

NEW YORK CITY IN 1813. 

ITS CHIEF FEATURES, CUSTOMS AND CHARACTERISTICS — THB OFFICE 
OF MAYOR OF NEW YORK ONE OF THB GREATEST IN THB COUNTRY. 

DeWitt Clinton was Mayor of New York when hostilities be- 
gan. He was perhaps the most remarkable man the State of 
New York has ever produced. Born at Little Britain, Orange 
County, March 2, 1769, he attended school at Kingston which 
then had the only seminary in the State, whence he joined the 
Junior class at Columbia College, from which he graduated in 
1786 at the head of his class. During his college career he was 
thoughtful, careful and diligent, reserved, studious and pains- 
taking. His temper was not of the best and he never seems to 
have undertaken to control it. Books were his constant com- 
panions; the few warm friends he made while at college, he held 
many years during his tempestuous public life. He studied law 
in the office of Samuel Jones of New York, who was afterwards 
Comptroller of the State; but his course was interrupted by his 
appointment as private secretary to his uncle, George Clinton, 
then Governor of the State, a position which he held from 1789 
to 1795, when his uncle voluntarily retired to private life. 

Of an independent nature and with broad principles, he affili- 
ated equally with Republicans and Federalists. So free was 
this intercourse that men of both parties predicted that in the 
course of time he would follow the principles which they had 
embraced. By instinct he was an aristocrat — his manner, his 



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44 Annual Report op the 

habits, his tastes, were those of an aristocrat — but by that incon- 
sistent streak that is often found in the makeup of men of 
genius, he threW his political fortunes against the party to which 
his natural inclinations would seem to have led him and became 
identified with that party which by his mental composition and 
political affiliations, he would be expected to oppose. 

He gave but little attention to the practice of the law. He 
acted as secretary of the Board of Regents of the University and 
to the Board of Fortifications of New York, when war was be- 
lieved to be imminent with France. He entered public life by 
his election to the Assembly from one of the New York city 
districts in 1798. A year later he was elected State Senator, his 
antagonism to the administration of Governor John Jay being 
determined, bitter and unrelenting. He sat in the Constitu- 
tional Convention of 1801 and delivered the strongest speech 
made before that body in favor of the Council of Appointment on 
the question whether the Council or the Governor should have 
the disposition of State patronage. The arguments he then ad- 
vanced he lived to condemn. 

In 1802 he was elected to the United States Senate to take the 
seat General John Armstrong had resigned. The following sum- 
mer he resigned from the Senate of the United States and ac- 
cepted the appointment of Mayor of New York city, an honor that 
had been conferred upon him by the Council of Appointment. 

Next to the President of the United States, the Mayor of New 
York had at his disposal greater power and more patronage than 
any other public officer in the country at that time. The ex- 
planation for Mr. Clinton's resigning from the United States 
Senate to become Mayor of New York is therefore more readily 
understood when the habits, characteristics and ambition of the 



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Stats Historian. 45 

man are known. The office was at the disposal of the Council 
of Appointment. The Mayor of New York presided at the meet- 
ings of the Common Council, where he had a vote and a de- 
liberative voice. He had the disposal of a large number of 
valuable offices; he was the judge of the Common Pleas and of 
the Criminal Court, and the head of the city police. The old 
privileges granted by royal charter were still in force and the 
fees, although simple in their items, had by the growth of the 
State been raised to a very large amount. In justice to Clinton, 
however, he refused to accept fees, that to one of his predecessors 
bad brought a princely fortune; he returned one-half the emolu- 
ments of his office into the City treasury. 

Mr. Clinton continued to act as Mayor of New York until 1807, 
when the Council of Appointment, now controlled by the friends 
of Governor Lewis, removed him. He had been in a measure com- 
pensated for this disappointment by his election to the State 
Senate in the spring of 1807. He held his seat until 1811 when he 
was elected Lieutenant-Governor. In the meantime, in 1808, his 
friends again obtained control of the Council of Appointment and 
he was restored to the position of Mayor of New York city. Re- 
moved again by a Federal council in 1810, he was reappointed 
the following year and retained the position all through the war. 
He was a man of unbounded ambition and aspired to the highest 
positions in civil, judicial and military life. He requested Gover- 
nor Tompkins to appoint him a major-general, but for some reason 
the Governor could not see his way clear to do so. 

As mayor he realized, and no one better, the exposed position 
of New York. He drew up and presented to the Corporation a 
report on the means necessary to fortify the city, — one of the 
most important documents to which his name is allied. He 



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46 Annual Report op the 

pointed out that while England was shipping the army of Spain 
and Portugal to our coast, only 1,600 men had been left for the 
defence of New York. No other mode of attack had been an- 
ticipated by the government than from ships of war attempting 
to pass through the Narrows. The State had provided for forti- 
fying the pass at Hell Gate, but no preparation of any de- 
scription had been made in case an army of invasion were to be 
landed on Long Island or from Long Island Sound in West- 
chester county. He suggested that fortified camps should be es- 
tablished at Brooklyn and Harlem, and that a sufficient body of 
militia should be called out to garrison them. To accomplish 
this object, he appended to the report eight resolutions. By the 
first, a committee of the Common Council was directed to solicit 
the attention of the President of the United States; by the second 
the Governor of the State was requested, under the authority of 
the Militia Law, to occupy the proposed camps, and authorized 
to raise a loan of $ 300,000 necessary to carry out the provisions 
of the acts. The other resolutions had reference to munitions 
of war, and to the manner in which the money should be raised. 

Although the City Council at that time was politically opposed 
to Clinton, all partisan prejudices were buried; patriotic una- 
nimity obtained in its deliberations. It has been claimed by the 
friends of Governor Clinton that this report opened the eyes of 
Governor Tompkins to the defencelessness of New York, and led 
the governor to pour militia into the metropolis. Under the au- 
thority of the president, Governor Tompkins assumed command 
of these troops. 

In 1813, New York had already attained the title ot the metro- 
polis of the western continent. Three years before, the popula- 
tion amounted to 96,373 persons, nearly one-tenth the population 



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; Statb Historian. 47 

of the State (959,049), but an enumeration of the city at the close 
of 1813, showed a decrease of over 2,000 persons. During the 
next ten years, however, in spite of the war, the population in- 
creased to 123,706, while the State was represented by 1,372,111. 
At the breaking out of the war, the State was divided into forty- 
six counties, the following not having been organized: Warren, 
Oswego, Hamilton, Tompkins, Livingston, Monroe, Erie, Yates, 
Wayne, Orleans, Chemung, Fulton, Wyoming and Schuyler. 

The city of New York of 1813 was as unlike the city of New 
Tork of to-day as a log hut in the wilderness is unlike a Fifth 
avenue mansion, or a wooden seventy-four-gunship is unlike the 
modern steel battle-ship. The belated citizen found his Way home 
at night by the uncertain flickering of whale-oil lanterns which 
were placed at intervals of 114 feet. Under the original act of 
1697, the city was to be lighted in "the dark of the moon." When 
the moon was full, whether the sky was clear or overcast, the 
lamps remained unlighted. The house of the opulent citizen in- 
dulged in "coals from Newcastle" for parlor grates; anthracite 
had not been utilized and wood was the common fuel. The 
hall of the average house was as cheerless in freezing weather 
as the bedroom. The match of the present day was unthought of. 
Tinder boxes or flint furnished the favorite method for "striking 
alight." 

Along Broadway, residences were lofty, commodious, and 
solidly built of brick. Wooden houses were in the majority on the 
side streets. The average merchant lived over his store. Very 
few buildings, however, were erected between the years 1810 and 
1815. A traveler of the time attests that many of the shops were 
stocked with the finest English and Indian goods. The people 
were not given to early rising. Business for the day as a rule, 



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48 Annual Report op the 

opened at nine in the morning, and, with intervals for dinner, be- 
tween half-past one and half-past two, and supper from six to 
seven, continued till nine o'clock in the evening. 

Streets were well paved and were swept and cleaned by every 
householder, Saturday morning. The rest of the week they were 
neglected. Red brick sidewalks were general. A dozen " bury- 
ing grounds," as the cemetery of to-day was known then, in the 
heart of the city, endangered life, and health; nor was it until the 
cholera smote the city several years later, that the authorities 
realized the hygienic and sanitary necessity of prohibiting more 
interments within the city limits. 

The clergyman of that epoch declaimed against tight lacing, and 
sharply criticised young women who compressed their figures be- 
tween rigid lines of steel, or whalebone and of " stay tape." At 
funerals the physician, doctor and chief mourner, were distin- 
guished by white scarfs, which were worn across the shoulder. 
" Dancing schools were numerous and prosperous. The minuet 
had not gone out of fashion; the cotillion was the favorite dance. 
Negroes and mulattoes made the best servants, although the 
French and English waiter had become a fixture in the houses 
of the well to do. The Irish servant was only seen attached to the 
establishment of a traveling foreigner. Up to this year immi- 
gration from Ireland had been merely nominal. It set in with a 
vengeance, however, as soon as the keen-witted people realized 
that all chance of England's reclaiming the United States as 
Colonies had vanished. 

Pumps supplied all the water necessary for drinking, and wells 
in the yards of houses for general household and laundry pur- 
poses, and for fighting fire. The bucket brigade was an im- 
portant factor in the event of a big fire. In particularly cold 



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State Historian. 49 

weather, the principal morning exercise consisted of breaking the 
ice that had formed over night in the water pitcher.* 

The Manhattan Company, a number of years before, through 
the influence of Aaron Burr, whose power in the State as a 
politician was at its height, had obtained a charter from the 
Legislature, to provide the city of New York with a supply of free 
and wholesome water. A covert provision permitted the com- 
pany to engage in the banking business. The company sunk a 
well in Reade street near Center, whence water was pumped into 
a large reservoir that had been erected in Chambers street. The 
water was distributed through log pipes that had been laid in cer- 
tain streets of the city. From the ostensible purpose of its char- 
ter, to give the city a supply of water, the receipts of the company 
were but nominal; from the real object, the establishment of a big 
banking institution, its profits were prodigious. The term 
" watering stock " originated with this reprehensible piece of leg- 
islation. » 

Eooms were lighted by candles, or oil lamps.- There was not a 
bath tub to be found in any private or public house in this city of 
nearly 100,000, outside of a public bath on Chambers street. 

* Facts do not bear out the oft-repeated statement that the winters of the past were 
more severe than the winters of the present time. For instance, the winters of 1778 and 
of 1779 were so mild that navigation between New York and Albany was not suspended 
by sailing craft. The winter of 1780 struck an average. It was the coldest winter, from 
all accounts, New York ever experienced. The Hudson was frozen from Cortland 
street to Paulus Hook, and the upper bay from the Battery to Staten Island. The ice 
was strong enough to bear the weight of artillery trains. Governor Tryon measured 
the North River at Cortland street and found it to be two thousand yards across to 
Paulus Hook. 

January, 1821, the Hudson was again frozen over. The thermometer registered 14 
degrees below zero and for three days remained under 10 degrees above zero. Had as 
many steam ferry boats, steamships and harbor crafts been In existence then as now, 
It is not at all likely that the river would have been frozen. And, were it not for 
the presence of these numerous vessels, plying trade day and night, the experiences of 
1780 and 1821 would have been repeated several times since. 

STATE HISTORIAN. 
4 



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50 Annual Report of the 

Carpeted rooms, outside of parlors, were rarely seen. Ice had not 
been generally adopted. Sand for scrubbing purposes was 
brought from Coney Island. Bull-baiting, slavery and lotteries 
were recognized attractions of society. The prejudice against 
tomatoes, " Love Apples," as they then were called, was strong. 
Hogs and cows roamed the street with the same freedom as they 
now roam the thoroughfares of some of our large western cities. 

Men wore mustachios, but not beards. A southern visi- 
tor could readily be distinguished — by a goatee or imperial. 
Heavy top or box coats with several capes were fashionable. Be- 
fore war was declared cigars cost two cents apiece, the finest 
Havanas, five for a shilling (twelve and a half cents); chewing 
tobacco, the habit was more common then than now, three cents 
a paper; brandy, half a shilling, ale, two or three cents a glass. 
During the progress of the war, however, these prices were materi- 
ally advanced. Pipe smoking was as scarce as white handker- 
chiefs. The former was frowned down upon because it was re- 
garded purely as an Indian habit. 

Whiskey had been introduced in Baltimore, but as a habit its 
acquaintance had not been made by New Yorkers. Sherry was 
the favorite wine; Rhine wine was not unpopular; champagne 
was expensive and too much of a luxury. Oysters and fish of all 
kinds were abundant, excellent and cheap. The best snipe in the 
vicinity were shot over Lispenard's meadows, the tract of land 
running west of Broadway, from Duane to Broome streets to the 
North river, and on the site of the present Tompkins square, which 
was then a swamp. Larger game was found in the country north 
of the present Houston street on the east side and Greenwich 
village on the west side of the town. 

Milk was brought to town from the near by farms of New Jersey 



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Stats Historian. 51 

and Long Island, and was distributed by women, who carried it 
in tin cans suspended from their shoulders. 

New York was famous for its markets, from earliest times. In 
1813 the city supported a public market every day, except Sundays 
and the few holidays, of the year. Fish and milk could be ob- 
tained on Sunday up to nine o'clock in the morning. City ordin- 
ances were enforced, to protect the inhabitants from stale and 
unwholesome food. Butchers' meats, poultry, fowl and game 
were unsurpassed anywhere on the face of the earth. Immedi- 
ately after the war, food was so cheap and wages were so high 
that the family unable to procure meat every day in the week, 
was a rarity. The prodigality of living was a feature of the times 

Kitchen gardens and truck farms, the best in the world, sur 
rounded New York on all sides. From Long Island and New Jer 
sey, and from the valley of the Hudson, the freshest vegetables 
were produced, and placed on sale in New York city in a few 
hours. As a rule, the man of the house attended to the marketing 
for the family. One of the features of the town, on Sunday or 
Monday, was the arrival of the market sloops from 'Albany, Hud- 
son, Kingston, Poughkeepsie, Newburgh — which even in those 
days was famous for its rich and delicious milk — Nyack and 
Tarrytown. 

Newtown pippins and Long Island cider were great attractions. 
Many barrels of the former were annually exported. 

The area of amusement was exceedingly limited. Clubs, pleas* 
ure yachts, billiard saloons, bowling alleys, restaurants, in the 
modern sense, were practically unknown; the town supported, 
and that indifferently, but two theatres. In summer the favorite 
dissipation consisted in strolling down to the Battery or taking 
the ferry to Hoboken, where the popular tipple, a sherry or port 



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62 Annual Report of thb 

wine sangaree titillated the taste of the epicure; and in winter, 
when the night was blustery and stormy, to visit the neighbor- 
ing tavern, where the most seductive and redolent beverages 
were on tap. The charms of home life at night consisted of a 
roaring grate fire, olekeoucks, cider or mulled ale, fruits and nuts, 
and in listening to tales, by tjie glow of the fire, of ancient New 
York, when Leisler and Milborne were hanged for treason, or 
when Pieter Stuyvesant had given one of his more than usual 
turbulent exhibitions. 

Transportation was attended with difficulties that would deter 
many citizens to-day from undertaking a long journey. The 
mariner coming into port on a dark night had to rely solely upon 
his compass, for not a light marked the harbor from Sandy Hook 
to the Battery. Steamboats, which had become a reality six 
years before, owing to the inventive genius of Robert Fulton, 
attained a speed of from five to nine miles an hour. Passengers 
were conveyed to Albany on what were termed "elegant con- 
veniences,*' steamboats, three of them, the largest 170 feet long. 
With numerous landings on the way, the distance of one hundred 
and fifty miles was covered in from thirty to thirty-six hours, ac- 
cording to wind and tide. One day in June, 1813, a fleet of nine 
steamboats lay off the foot of Cortland street, New York, to the 
delight and admiration of the spectator; the " Robert Fulton," 
bound up the East river, one steamer for Elizabethtown, N. J., 
one for Washington, D. C; one for the James river; a ferry for 
Paulus Hook — now Jersey City — which was established in 1767, 
has been maintained without interruption until the present day, 
and holds the distinction of running the first steam ferryboat in 
the world, under the management of John Stevens of Hoboken; 
another ferry for Hoboken, one for Amboy, and two of the Al- 
bany " elegant conveniences." 



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State Historian. 6* 

Up to this time the favorite way of reaching Amboy op Eliza- 
bethtown, then on the direct road to Philadelphia, was by the 
" perriaugur," a sailing vessel with two masts, carrying two large 
sails, lee boards supplying the place of a keel. 

Philadelphia, by steam and stage, was thirteen hours distant 
from New York; Pittsburg six days, allowing for the stops over 
night; Buffalo, in a trifle over four days — now the distance ia 
covered in a few minutes over eight hours by the New* York Cen- 
tral Railway's Empire State Express; Montreal, by water to Al- 
bany, thence by stage to Whitehall, in a few hours over three 
days. 

The country had established over 1,500 post-offices, but the 
service was slow, expensive and uncertain. The postboy on horse- 
back was a feature on post lines not navigated by steamboats. 
One mail a day was sent from New York to Washington; the time 
consumed between the two cities, thirty-six hours, seems to have 
been generally acceptable as the best that could be done, under 
the circumstances; to-day "the Congressional Limited " on the 
Pennsylvania Railway covers the distance in a few minutes over 
five hours. 

The circumference of the port was nearly thirty miles, following 
a line drawn from Fort Gansevoort, at the foot of West Thirteenth 
street, to Hoboken, and thence to the Narrows, on the west, fol- 
lowing the Long Island shore line to the Brooklyn Navy Yard, 
crossing the East river to the ship-building yards. The exports of 
New York city in 1791 were one-ninth of the aggregate exports of 
the United States; 1794, nearly one-eighth; between 1796 and 
1806, between one-quarter and one-fifth. The embargo paralyzed 
business. During the year 1813, the value of merchandise ex- 
ported from the district of New York was $8,185,494, against 



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54 Annual Rbpobt of thb State Historian. 

|26,357,963, in 1807; the abstract of duties on imported merchan- 
dise for 1813, amounted to f 1,624,574.20, against $5,223,696.45, in 
1810, and f 10,785,354.42 in 1816. Nearly all the goods imported 
were procured on credit. Private and public indebtedness had in- 
creased to a disastrous extent during the war, and general bank- 
ruptcy, private and municipal, State and national, was threatened. 
Banks had refused to redeem their issues; public stocks dropped 
far below par, and general depression settled over the land, crip- 
pling many of the largest and hitherto prosperous establishments, 
and discouraging nearly all, except those who were trading on 
what was left of the credit of the general and State Governments. 
As a war measure the city authorities issued a vast amount of 
small bills, to supply the place of specie, and these bills, for a long 
time were the chief circulating medium of the city. 



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pi 

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V 

EARLY FORTIFICATIONS AROUND NEW YORK CITY. 

A GENERAL HI8TORY OP THEM — SANDT HOOK AND THE NARROWS 
FROM EARLIEST TIMES REGARDED AS NATURAL POSITIONS FOB 
DEFENCE AGAINST AN APPROACHING ENEMY. 

The strip of deep water, which divides the Long Island and 
Staten Island shores, called the Narrows, has always from earli- 
est times, been regarded as the most natural approach to Man- 
hattan Island. Through this strait passed the " Half -moon," Hud- 
son's eighty-ton vessel, that brought him across the sea to dis- 
cover the magnificent stream that now bears and for all time will 
bear his name. Four years later, the first enemy that approached 
New York, used the Narrows, Samuel Argall, Governor of Vir- 
ginia, who had destroyed the defenceless French settlements of 
Acadia and who now dropped in to pay his respects to the Dutch 
Governor, Hendrick Christiaensen. Argall demanded a surren- 
der and Christiaensen promptly complied. New York city at 
that time consisted of four houses, whose tenants offered no re- 
sistance to the Englishman and his armed ship. 

The first record of fortifications on or around Manhattan Island 
is found in 1614. One or two little forts had been constructed 
by the Dutch, who maintained a small garrison to transact trade 
with the Indians. Between 1623 and 1633, the incorporated West 
India Company built four forts in the New Netherlands, one of 
which was at New Amsterdam (New York city), the other at 
Orange (Albany). 

In 1643 complaint was made by the settlers to the State's Gen- 



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66 Annual Report op the 

eral of the New Netherlands that Fort Amsterdam was utterly 
defenseless, " and stands open to the enemy night and day." 

The first marked instance of the loyalty, disinterestedness and 
generosity of New Yorkers is found in the Colonial Records cov- 
ering the year 1653. Even at that early period the budding 
success of the province, due to the thrift and enterprise of her 
Dutch inhabitants, excited the cupidity of the Yankees of New 
England. The war prevailing between England, which was then 
under the control of Oliver Cromwell's government, and the 
States of Holland, gave the Puritans the opportunity to recom- 
mend that the English Protector should organize an expedition 
to capture New Netherland. 

The English appetite for conquest, always insatiable from time 
out of mind, bit at the opportunity to grab the province of New 
Netherland and the expedition against the Dutch was ordered, 
the objective point being New Amsterdam. All emigrant* 
upon arriving in this country had been given the strongest assur- 
ance by the Dutch West India Company of protection against 
the common foe. While they were expected and were willing 
to defend their homes against the assaults of invaders, they had 
been assured, and they believed, they should not be required to 
work on the defences or to render financial contributions to 
that end. 

The dilemma in which they now found themselves was not only 
perilous, but threatened disaster to the province. The only 
alternative presented to them was to obey the behest of the 
Dutch Governor, Pieter Stuyvesant, or to surrender the pro- 
vince without a contest. No time was left for crimination, 
explanation or protest. The inhabitants set to work with a will 
to build the historical palisades or stockade from the East 



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State Historian. 57 

to the Hudson river, along what is now the northern limits of 
Wall street. They also aided in the construction of works of 
defense along the shores of the East and Hudson rivers. Nor 
did they stop here. With no other security than the say so of 
patriotic citizens, a liberal loan was raised, the home government 
forcing this responsibility upon the province. 

The patience of the loyal people was about exhausted; and 
when Governor Stuyvesant served notice that the burgomasters 
and schepens of the city were expected to supply the fortress 
with provisions, in addition to all the contributions they had al- 
ready made, there was open revolt. The Governor was as stub- 
born as they. Their demands for equity and protection were 
refused. In retaliation they resisted the unreasonable encroach- 
ments he had attempted upon their liberty. The outcome of the 
squabble would have been highly interesting, had not informa- 
tion arrived that as the English fleet was about to start from 
Boston, news had been received that peace between England and 
Holland was restored. 

Out of this apparently insignificant episode dates the history 
of excise in the city of New York. The tapsters' excise on wine 
and beer was the source of substantial revenue to government. 
To meet the expenses of the city works which amounted to 16,000 
florins or $6,400, computed in the currency of to-day, the citizens 
requested Governor Stuyvesant to transfer that amount from 
government's funds to the credit of the city. The testy Gov- 
ernor stumped with his wooden leg, ridiculed the proposition 
and abused the proposers. The city authorities were insistent, 
and in 1658 a satisfactory compromise was agreed upon, the 
government having yielded concessions to the city in other 
matters. 



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68 Annual Report op the 

The English fleet that brought over Colonel Richard Nicolls 
in 1664 to subjugate the Dutch in New Netherland — the fleet con- 
sisting of four ships and four hundred and fifty regular troops — 
approached the city by the way of Sandy Hook and the Narrows. 
Elkins, a Dutch governor, who came out the year after Christiaen- 
sen's submission, had thrown off all dependence on the English, 
with the result that the province continued under Dutch juris- 
diction until Colonel Nicolls appeared on the scene. Governor 
Pieter Stuyvesant, who had taken office in 1647, though choleric 
and unbearable, was a courageous man and a determined soldier. 
He declared his intention to fight the English. The local au- 
thorities implored the high-strung governor to submit and the 
province with all its dependencies was surrendered to the 
English. 

The garrison retired with all their arms flying and drums beat- 
ing; "and," says the chronicler, "thereby the English, without 
any contest or claim being before put forth by any person to it, 
took possession of a fort built and continually garrisoned about 
forty years at the expense of the West India Company." 

The garrison, at the time of the surrender, consisted of one 
hundred and eighty soldiers, and twenty-four pieces of artillery. 
Pieter Stuyvesant, in his answer to the comments of the West 
India Company on his report on the surrender of New Nether- 
land, describes the fort as follows: 

" First. The fort is situate in an untenable place, where it was 
located on the first discovery of New Netherlands, for the pur- 
pose of resisting any attack of the barbarians rather than an 
assault of European arms, having within pistol shot, on the North 
and Northeasterly sides higher ground than that on which it 
stands, so that, notwithstanding the wall and works (muragie) 



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State Historian. • 59 



are raised the highest on that side, people standing and walking 

4 

on that high ground can see the soles of the feet of those on the 
esplanade and bastions of the fort, where the view is not ob- 
Btructed by the houses and church in it and by the gabions on 
the wall. r 

" Secondly. The fort was and is encompassed only by a slight 
wall, 2 and 3 feet thick, backed by coarse gravel, not above 8, 9 
and 10 feet high in some places, in others higher, according to 
the fall of the ground. 

" Thirdly. It is for the most part crowded all around about 
with buildings; better adapted for a citadel than for defence 
against an open enemy; the houses are, in many places, higher 
than the walls and bastions and render these wholly exposed; 
most of the houses, also, have cellars not eight rods distant from 
the wall of the fort, in some places not 2 and 3 feet, and at one 
point scarce a rod from the wall, so that whoever is master of the 
city can readily approach, with scaling ladders from the aforesaid 
houses, the wall of the fort, which is unprovided with either a 
wet or dry ditch; and also, if need be, run a mine from the so close 
adjoining cellars and blow the place up. Besides this, the fort 
was and is without either well or cistern." 

The English remained in undisturbed possession of the prov- 
ince, whose name was changed from New Netherland to New 
York, until the 13th of August, 1673, when a Dutch squadron, 
consisting of nineteen ships of the line, under command of Com- 
manders Cornelis Evertsen, Jr., and Jacob Benckes, which had " 
arrived on the 29th of July previous, during the absence of the 
governor, Sir Francis Lovelace, demanded the surrender of the 
province, which demand was acceded to by the inhabitants on the 
16th of August. The name of the province was changed to New 



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60 • Annual Report op the 

Nether land and of the city of New York to New Orange; of the 
fort to Fort William Hendrick. 

The triumph of the Dutch was brief, for the following year 
peace was established between England and the States General, 
of Holland, by the treaty of Westminster. Under the sixth arti- 
cle, England regained the province of New York, and maintained 
it until the final separation between the Colonies and the Mother 
Country. 

January 20, 1664, the first mention of fortifications on Staten 
Island is found in the Dutch records. The Director and Council 
of New Netherland complain because incorrect information had 
been sent them, relative to the fortification or defensible condition 
of the mouth of the river (Hudson) both on Staten and Long 
Island. 

The Wall street palisades which were constructed in 1653 when 
war was apprehended with New England, were materially 
strengthened in 1673, after the recapture of the city by the Dutch, 
and upon the recommendation of Governor Colve, " houses, gar- 
dens and orchards " that obstructed the work were ordered to be 
removed. 

By 1692, decay had weakened the foundations, and Governor 
Henry Sloughter in his speech, August 17th, reported " the fortifi- 
cations are out of repair." The governor announced his intention 
of erecting a battery on the south point of the island, for the 
periodical war between England and France was threatened. He 
' requested the citizens to lend him financial assistance. 

The citizens declared that under their charter they had no au- 
thority to impose taxes upon the people for such a. purpose. The 
governor saw otherwise. He put into practice the first inherit- 
ance tax known on the island. Estates were subjected to a tax of 



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State Historian. 61 

three pence on the pound, for the construction of the platform and 
battery. An additional tax of £233 was added for purposes of 
defence, by the city, upon a mortgage of the ferry. 

During the invasion of Canada, in 1689-1691, New York city 
suffered heavily. The citizens not only contributed their services 
in working upon the fortifications, but they cheerfully met every 
assessment that was levied upon them for the prosecution of the 
war. In 1693, by act of Assembly, £6,000 was ordered to be raised 
by tax; of this amount, £ 1,450 fell upon New York city. The city 
was also taxed for the construction of the fort at the battery the 
following year. 

Under date of May 3, 1699, the Earl of Bellomont wrote to the 
Lords of Trade, and recommended the construction of good stone 
forts at Albany and " Schenectade," and repairing the fort at New 
York, which he estimated would cost £1,000. He said further: 
" Tis wonderful to me how Coll. Fletcher could pretend to apply 
the greatest part of the thirty pound pr Cent to the repairs of this 
Port and the Governor's house, when I found everything out of 
repair when I superseeded him. The palisadoes of this Fort are 
quite decayed and the larger part of them destroyed and rotting; 
one of the bastions crack'd through, which will fall if not speedily 
rebuilt; the parapet gone to decay and must be renewed; the 
palisados 'tis computed will cost £600 at least to be well done and 
the bastion £200 and the parapet £200. The roof of the house too 
is out of repaire so that it rains in, and the lowest floor is decayed 
and rotten so that I believe the repair of the House will cost near 
£200 more. I must not omitt to observe to your Lordships that 
the old part of the house is a comfortable, convenient dwelling 
enough, and might have contented a Governour of a much better 
quality than Coll. Fletcher; and the new building will cost first 



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62 Annual Report of the 

and last about £5,000 New Torke mony ; so that tis plain here is so 
much mony consecrated to his vanity. Where all this money will 
be got to build and repaire Forts, I cannot tell, unless Fletcher be 
made to refund to the King. The Assembly here I am almost cer- 
tain will not be brought to raise it for I cannot prevail with 'em 
by any means to consent to such an additionall duty as will pay 
the debts of the Government, which amount to upwards of £5,000." 
One of the most interesting ancient military documents relating 
to the defences of New York, is the report made to the Governor, 
the Earl of Bellomont, by Colonel W. W. Romer, whose name is 
perpetuated by the shoals that bear his name in New York harbor. 
The report is dated January 13, 1701. Colonel Romer found the 
distances at the Narrows between the heights on the Long Island 
and the Staten Island shore, to be one and one-half miles in 
breadth; depth of water from four to thirteen fathoms. He 
recommended that " there ought to be, both on Long and Staten 
Islands a sufficient battery with a good redoubt on each height, 
enclosed with proper lines of defence, communicating with the 
respective Batteries, and that each be furnished with 30 guns 
carrying 18 a 24 lbs. ball." He further recommended that a bat- 
tery should be erected on Schutter's Island in the Staten Island 
Kills, twelve or thirteen miles from New York, to protect the town 
from an approach by way of Amboy. He pointed out the import- 
ance of Sandy Hook, because " reason and the Rules of War agree, 
that an enemy must always be kept as far off as can possibly be 
done, that a good blockhouse and fortification ought to be erected 
on the aforesaid Hook, as they would be very useful there, the 
channel and entrance being very narrow, and vessels on that ac- 
count must pass immediately under the Hook." For these rea- 
sons he recommended " a good blockhouse and Fort of 50 guns." 



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Stats Historian. S3 

" Further and lastly " he ends his report, " an enclosed battery 
of 12 or 13 guns ought to be erected at the narrowest part of Hell- 
gate, to prevent the entrance of an enemy at that point also. All 
this being done I am persuaded an enemy will bethink himself a 
hundred times before he will meditate any attack upon New 
York." 

April, 1702, Lieutenant-Governor John Nanfan urged in his 
address to the Legislature, that the fortifications be " put in a 
good posture of defence." The following October, Lord Corn- 
bury (Edward Hyde), then governor, in his speech, declared that 
the city and port of New York " was very much exposed." 

It was not until 1703 when the British Colonies in North 
America were terror-stricken lest a French fleet should attack and 
conquer them, that the importance of erecting fortifications at 
the Narrows was realized. The war of the Spanish Succession 
was on. Leagued against France were England, Holland and 
their allies. 

Governor Cornbury, in his address to the Assembly, of April 
13, 1703, makes no effort to conceal his anxiety. He announced that 
he had received information that the French proposed to attack 
New York, by sea, the coming summer. " I think," he said, " the 
best way to prevent their design will be to erect two batteries of 
guns at the Narrows, one on each side, which I believe is the only 
way to make this port safe." 

Three years later Governor Cornbury reproaches the people 
for their failure to erect the fortifications at the Narrows. The 
city, he declares, " lies very open, naked and defenceless." " I 
must take notice to you," he continued, " that the last Assembly 
(in 1703) did pass an act for the raising of £1500 towards erecting 
Batteries at the Narrows, which would have been of very great 



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64 Annual Report of the 

use at the time, had the money been collected; but it has not. I 
am sensible that some malicious, ill-minded people have reported 
that I had taken that money into my own hands. That the truth 
hereof may be known and justified, I recommend to you to make 
strict inquiry into that tax." 

A suggestion of Washington's famous utterance "to be pre- 
pared for war is one of the most effectual means of preserving 
peace," is found in the speech which Governor William Cosby 
uttered to the Assembly, April 25, 1734: " The safety and pro- 
tection of the Harbor of New York and of the frontiers, no time 
being so fit to guard against our future enemies as a time of 
peace; the duration of the present peace being uncertain." 

The usual urgent plea was made for an appropriation — for the 
construction of a Battery in New York city, at the Point of Rocks 
(the Copsee battery, it wasf called,) by Whitehall, and of new 
forts at Albany and Schenectady, reinforcing a suggestion that 
had been filed with the Lords of Trade, fourteen years before 
by Brigadier-General Hunter, who described the works at New 
York as " a fort of four regular bastions, fifty guns mounted, 
faced with stone, with neither fossee nor outworks." 

The alarm consequent upon another expected rupture with 
France, persuaded Governor George Clarke to repeat the sug- 
gestions of his predecessors and call attention to the city's 
defencelessness, April 15, 1741. He requested that batteries be 
erected upon the wharves facing the harbor, and that one be 
placed at Red Hook on Long Island to prevent the enemy from 
landing upon Nutten (Governor's) Island. 

Again, June 25, 1745, Governor Clarke suggests to the Assem- 
bly the construction of a battery of twenty guns at the east end 
of the town off the harbor, " and of other batteries at other points 



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State Historian. 65 

in the town, plans for which he promised later to place before 
them." 

With a war close at hand, Governor James De Lancey reported, 
October, 1753, that the Copsee Battery was in a ruinous condi- 
tion. The government not only would not construct new fortifi- 
cations, but refused to keep in repair those that were gar- 
risoned. All the burdens for defensive expense, such as they 
were, and for the times taxes were oppressive enough, fell upon 
the colonists. England's policy of grab and grind was exercised 
not alone upon her colonists in America, but upon her dependents 
in India. The colonists were expected to return fabulous profits 
to the mother country, and to submit to the most unjust regula- 
tions and laws. The more generous the colonies, the more exact- 
ing became the demands of England. 

It is not necessary to enumerate the multitudinous exactions 
that were made upon the colonists or to dwell upon the general 
and loyal compliance with which all were met. Scarcely a year 
passed from 1700 to the outbreak of the French and Indian war 
that the good-natured and much-imposed-upon colonists were 
not called upon to honor some extra draft drawn by England, 
upon their patience and their purse. The province of New York 
contributed £5,000 toward the Braddock campaign. The follow- 
ing year came the long-threatened French invasion and it cost 
the province £45,000 to put itself in condition properly to meet 
the enemy. August, 1755, the news of Braddock's crushing 
defeat and rout struck the colonists with terror. A £10,000 tax 
was at once levied upon the province, which was also compelled 
to maintain 400 men at Crown Point. One month later £8,000 
additional were raised to be contributed for Connecticut toward 
5 



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86 Annual Report of the 

the expense of sending reinforcements to Crown Point. During 
1757 the province of New York raised, transported and subsisted 
1,000 more men for the same expedition, but the expense thus 
incurred was eventually borne by the home government. 

The resources of the Province were stretched to the limit the 
following year. Bills of credit were issued which aggregated 
£100,000, redeemable by payments of £12,000 in 1759 and of 
£11,000 in each succeeding year until the entire amount was 
liquidated. This generous contribution to the good cause— -dis- 
playing a financial condition as sound as it was patriotic and 
loyal — justified the colonists in the conviction that New York 
was already a powerful factor in the aggregation of American 
colonies, and opened their eyes to certain possibilities that no 
doubt exerted an influence that can not be measured when the 
time came to break with the mother country. 

In the meantime Lord Loudoun, with a large fleet, had arrived 
in New York in 1756, and, for the first time in its history, the city 
was put into proper condition for defence by land and by sea. 
A new line of defence, consisting of palisades, was thrown up 
across the island from river to river, not far from the line of the 
present Chambers street. The "upper barracks" was built north 
of the City Hall park, on what is now Chambers street, the 
colonists cheerfully submitting to a construction tax of £3,500; 
(the " lower barracks " stood on the Battery near Whitehall 
street, on a line with the present State street). 

Upon taking possession of the city in 1776, Washington sank 
obstructions in the North and East rivers, and threw up fortifi- 
cations to guard the narrow passages. Fort Washington was 
constructed near the north end of Manhattan Island, and Fort 
Lee on the Jersey shore opposite. Both of these were regarded 



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State Historian. 67 

as strong works. The fort at the Battery was overhauled and 
strengthened and a small additional battery was placed on Broad- 
way above Bowling Green. Behind Trinity church another ba€- 
tery was erected on an eminence, and called McDougalPs Bat- 
tery, out of compliment to the patriot who constructed it. On 
the east side of the city two other batteries were constructed, 
one at the foot of Maiden lane and another at Corlear's Hook, 
near the present Grand street ferry. 

In April, Governor's Island had been occupied by 1,000 Amer- 
ican troops, and a couple of small batteries were hastily erected. 

In Brooklyn, a line of works extended from the Wallabout, 
now the Navy Yard, to Red Hook. Most of the streets were 
barricaded and here and there in the city small works were 
thrown up at every vulnerable spot. 

After the American army evacuated New York, the English 
troops constructed a number of works on the upper end of Man- 
hattan Island, whose positions will be described later on; the 
small batteries on Governor's Island were strengthened and 
lunettes were thrown up on the sites of the Staten Island and 
Long Island forts at the Narrows. 

Up to the War of 1812 the States were expected to construct 
their own fortifications and to bear the expense, subject to what- 
ever assistance, great or small, Congress might from time to time 
render. Fort Jay, ocd Governor's Island, was built soon after the 
adoption of the Federal Constitution. As far back as 1765, how- 
ever, British engineers had recommended that strong works be 
erected on either side of the Narrows. Congress, in 1794, con- 
sidered the matter of fortifying the important ports of the coun- 
try. It was estimated that $12,522.36 would be necessary to con- 



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68 Annual Report op the 

struct batteries on Governor's Island and in the city of New York. 
Three thousand one hundred and sixty-one dollars and sixty-eight 
cents of this amount were to be used in fortifying Paulus Hook. 
At that time Fort Wood, on Bedloe's Island, had been started. 

Between 1794 and 1801, Congress had appropriated $100,023.41 
on the construction of Fort Jay and the smaller works on Gover- 
nor's Island. It was estimated that $60,000 more would be neces- 
sary for repairs and improvements. In 1806 Fort Jay was de- 
molished except the walled counterscarp. The construction of 
Fort Columbus was begun. 

From the report of the Secretary of War, made by direction of 
the President, February 18, 1806, the following remarks are found, 
relative to New York harbor: 

" In the year 1794 and 1795 considerable expenses were incurred 
in the harbor of New York, in fortifications on Governor's, Bed- 
loe's and Ellis's Islands, and in front of the city. 

" On Governor's Island, a regular enclosed work, with detached 
batteries for heavy cannon and mortars, was erected with a 
magazine and barracks, which require considerable repairs and 
improvements. On the other islands, there were batteries and 
magazines, with some barracks, which also require repairs. 

" A formidable battery of heavy cannon and mortars (which is 
now in ruins) was erected in front of the city. A heavy park of 
artillery was also mounted on travelling carriages, and placed in 
a building belonging to the State, within the city. 

" No considerable improvements have been made on the above- 
mentioned works, or additional fortifications erected, for the 
defence of the harbor of New York, within the last five years; 
there having been no funds for those objects furnished by the 



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State Historian. 69 

State, as contemplated by the Act of Congress of the 3d of May, 
1798, and understood to have been intended by the State. 

" Engineers were employed by the Governor of the State to 
survey and examine the harbor, and to report the best practicable 
mode of defence. The report, accompanied by drawings and esti- 
mates, was transmitted to the President of the United States in 
the year 1801. By this project, the principal works were to be 
at Sandy Hook. The estimates, amounting to $3,968,658, were 
considered as a sufficient reason for rejecting the report; the debt 
of the State of New York (which was the limit of the sum author- 
ized to be expended) being only f 1,852,035. In January, 1805, a 
report was also received from another engineer, accompanied by a 
letter from the mayor of the city, in which the Narrows were con" 
templated as the principal. place of defence. The estimates for 
completing the works amounted to f 2,000,000, and the plan of 
defence proposed inspired no confidence. 

" Lieutenant-Colonel Williams, of the corps of engineers, was, 
last autumn, directed to make such a survey of the harbor of New 
York, as would enable him to -report, with accuracy, the width of 
the Narrows, from the water's edge on each side; the distance 
from Governor's Island to Bedloe's, to Ellis's, and to the battery in 
front of the city, and from the city to the nearest point on the 
Jersey shore. This duty he performed, and reported, accompany- 
ing his report with a drawing of the harbor, showing the relative 
situation of the several points alluded to in his instructions, with 
remarks on the city generally, and particularly on fortifying the 
Narrows." 

The Secretary had this further to say: 

" It will be recollected by many that in the summer of 1776 a 



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70 Annual Report of the 

British ship (Asia) of about forty guns had been some distance up- 
the Hudson above New York; that it was known that she would 
soon pass down by that city, and the batteries were prepared at 
several places on the bank of the river, in and above the city, with 
the most sanguine expectations of destroying the ship on her pas- 
sage; but, although she descended in the day time, with a moder- 
ate breeze, which afforded full time for the batteries to act on 
her, and a tremendous cannonade commenced from the respective 
batteries as she passed, no apparent injury was received by the 
ship; and it was generally remarked, that she appeared to be no 
more incommoded by the batteries than if no shot had been fired. 
Her distance from the batteries was about half a mile, which is 
little more than the distance of the center of the channel in the 
Narrows from any batteries which could be erected on either or 
both shores. 

" It now remains to be decided : 1st, Whether the batteries or 
any other points, so susceptible have been so fortified as to afford 
a sufficient defence to the harbor and city? 

" 2dly, Whether any other practicable system of defence may 
be sufficiently relied upon? 

" 3dly, What general or particular system ought to be adopted V* 

At every session of Congress the mode of fortifying New York 
was impressed with an emphasis that increased from year to year. 
As far back as 1806 the population, extent of resource, capital and 
enterprise of the city was constantly used in arguments before 
Congress, for appropriation for fortifications and the claim was 
then made that one-third of the National revenue of the capital 
was collected in New York city. The State had already purchased 
for defensive purposes the land on which the forts at Staten 
Island now stand. The greater part of Governor's Island also 



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State Historian. 71 

belonged to the State. During the threatening days of 1807 the 
Legislature of the State of New York adopted resolutions request- 
ing " that adequate measures should be adopted by the National 
Government for the protection of the port of New York. 

" That the agricultural as well as commercial interests of the 
State are deeply interested in this most desirable object. 

" That in surrendering to the United States the revenue received 
from imposts, this State expected, and has now a right to expect, 
that a competent portion of that revenue would be appropriated 
for its defence, and that the Congress of the United States are 
bound by their constitutional duties, as guardians of the common 
defence and general welfare, to satisfy this proper and reasonable 
expectation." J 

In the report of the Secretary of War, communicated to Con- 
gress, January 6, 1809, it was stated that " the works undertaken 
at New York are calculated to annoy and injure any invading 
force which shall enter the harbor and still more one which should 
attempt to lie before the city. To prevent altogether the entrance 
of large vessels, a line of blocks has been contemplated, and would, 
as is believed, with the auxiliary means already provided, render 
that city safe against invading enterprise." 

Fort Columbus was reported to be nearly completed, and on it 
fifty cannon had been mounted. Castle William was completed 
to the second floor, and was in shape to receive its first tier of guns 
which were mounted and ready to be placed. On Bedloe's Island 
a mortar battery covering the anchorage ground between Red 
Hook and Quarantine had been started, and an open barbette bat- 
tery for heavy ordnance on Ellis's Island was nearly finished. 

Off Hubert street, New York, 200 feet without the permanent 
line of the city, a battery, the North Battery was commenced and 



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72 Annual Report op the 

finished that year; preparations had also been made for erecting 
a heavy battery on the stone foundation of the superstructure of 
the solid mason work at the southwest point of the city, the pres- 
ent Castle Garden. 

December 21, 1809, Secretary of War, Eustis, reported that 
"» Seventy-one guns were actually mounted" for the defence of 
New York; 150 may be actually brought into action on an emerg- 
ency; and the works for the defence of the city of New York 
are calculated for 300 guns and 10 mortars, exclusive of those 
mounted on travelling carriages, and of the works on Staten Is- 
land, erected by the State of New York, calculated for 80 guns." 

Greater interest was taken in military matters during the first 
session of the Twelfth Congress, with the prospect of war immi- 
nent. The defences of New York were then reported to be : Fort 
Columbus, mounting 60 heavy guns, brick barracks for two com- 
panies of men and officers, and a furnace for heating shot, capable 
of carrying a garrison of 780 men ; 

Castle William, with 52, 42 and 32-pounders, mounted on two 
tiers under a bomb roof, with a terrace, capable of mounting 26 
50-pound Columbiads; troops necessary, 1,014; 

Bedloe's Island, mounting 24 guns, garrison, 312; 

Ellis's Island, an enclosed circular battery of masonry, mount- 
ing 14 heavy guns, with barracks of stone and wood for one com- 
pany of men and officers, 182 men. 

On the Long Island shore of the Narrows a blockhouse was 
erected on the site of the present Fort Hamilton, by the first in- 
habitants who settled, in 1654. The work was as much of a pro- 
tection against pirates and buccaneers as invaders. The English 
authorities for years discussed the feasibility of building a strong 
and permanent work at this point, but nothing ever came of it. 



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State Historian. 73 

» 
During the War of 1812, the Americans constructed a small earth- 
work, which they called Fort Lewis. A large fort that was to be 
built of granite blocks, was started at Sandy Hook, but never was 
finished. Work on the present Port Hamilton on the Long Island 
side of the Narrows, was not begun in earnest until after the close 
of the second war with Great Britain. 

Two interesting historical incidents are connected with this 
spot The ship that brought over Colonel Richard Nicolls in 1664. 
dropped anchor a few yards distant from where Fort Hamilton 
now stands; whence the first communication to Pieter Stuyvesant 
was dispatched, demanding the surrender of New Netherland. 
One hundred and twelve years later the British Army of Invasion, 
under Lord Howe, landed on the site of the present Fort Hamilton. 

While the General Government was consuming time in desultory 
discussion on the subject of fortifications, it was left to the State* 
as a matter of self preservation, to erect works of defence. New 
York city in 1806, bought 400 feet of ground under water off the 
battery on which Castle Clinton was erected; (its name was 
changed in 1825 to Castle Garden). Provision was also made for 
the battery off Hubert street, and for the construction of Fort 
Gansevoort near the foot of the present West Thirteenth street. 

•From the " Return of all and singular the warlike stores and property belonging to 
the State of New York in the Commissary of Military Stores Department/' January 20, 
1812. the following facts are obtained: 

The State had Arsenals at the following places: New York, Albany, Plattsburg and 
Elixabethtown, Russell, Watertown, Rome, Onondaga, Canandalgua and Batavla. It 
had deposited at Fort Richmond at the Narrows, 24 32-pounders and 33 24-pounders 
mounted; 2 12-pound brass guns. 

The State possessed 10,823 stands of arms, 8,000 flints; had deposited 48 light brass 
6- pounders among the thirty-two artillery organizations, and 42 light artillery brass 
3-pounders. 

The militia of the State, according to the " Annual inspection return for the year 
one thousand eight hundred and eleven," submitted on January 25, 1812, was divided 
into eight divisions, and aggregated 95.326 of all arms; of whom 3,385 were cavalry, 
2,619 artillery. 89,322 infantry. The general return is the same as those submitted to the 
Legislature in 1809 and 1810. 

STATE HISTORIAN. 



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74 Annual Report of the 

During the winter of 1808 and 1809, 250 persons were given 
steady employment on the fortifications on the Staten Island side 
of the Narrows, the Legislature of New York having appropriated 
$100,000 for the purpose. Three works were under construction, 
the principal of which was Port Tompkins. A year later report 
was made to the Governor that the effective water battery called 
Fort Richmond, at the Narrows,* was completed and ready for 
twenty-seven cannon. , Two other batteries were then in process 
of construction, one to the east and the other to the south of this 
work. By the end of the year 1809, the smaller batteries were 
ready for platforms and guns. 

As soon as war was declared, the general government made a 
requisition on the States of New York and New Jersey for 20,000 
militia, to be concentrated in and around the city. The funds for 
the maintenance of these troops, however, were raised by the 
city of New York under promise of reimbursement on the part of 
the National Government. A committee of defence was promptly 
appointed, and citizens were called upon to volunteer their ser- 
vices to work in the fortifications, with the result that from five 
hundred to a thousand men, without distinction of class, were 
thus occupied daily. 

Unprepared as the country itself was for war, the defenceless- 
ness of New York at the time was a matter of notoriety, not only 

•The following Words are as applicable to-day as when written in 1859, by that superb 
engineer officer, then Major John O. Barnard, subsequently general and chief of engi- 
neers of the United States Army, in a report which he made on " Fortifications." In 
view of the tremendous strides in inventing and manufacturing modern ordnance the 
sagacity of Gen. Barnard's utterances will strike the most indifferent laymen: 

" The mere defence of the city against ordinary fleets," he wrote, •• is no longer the 
question; but through the defensive work* to be here erected (at the* Narrows), the nation 
is to measure iU strength against the most lavish use of the resources of a great maritime 
power, aided by all that modern science and mechanical ingenuity in creating or 
inventing means of attach can bring against them; in short, in fortifying New York, 
we are really preparing the battlefield on which the issue of future momentous contest* 
is to be decided." , 

STATE HISTORIAN. 



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State Historian. , 75 

to the inhabitants themselves, but to the enemy. It was in va*n 

that the common council asked the Legislature to appropriate 

f250,000 for defensive purposes. An appeal to Congress met with 

a similar fate. It seems ridiculous at this day to learn that the 

amount actually expended during the year 1812 for the defence of 

the metropolis, was only f 11,500, and for the northern and western 

frontiers, $29,050. In 1813, the Comptroller's report shows that 

the following items had been expended: For the defence of the 

frontier, $15,000; purchase of arms, $37,500; expense attendant 

i 
upon calling out of the militia, $12,500; and for transporting arms, 

$2,702. 

At the same time an appropriation of $22,000 was made for a re- 
doubt or protecting work on Signal Hill near the Narrows, Staten 
Island. In 1814, when the Republican party returned to power, 
the generosity of the State was more conspicuous; $98,500 were 
voted for defence and $50,000 for the sufferers on the Niagara 
frontier. January, 1815, it was shown that $25,500 had been con- 
tributed for defence, $205,000 for the support of families of per- 
sons who were called into the service, $50,000 for the pay of the 
militia and $15,000 for the sea fencibles and armorers. 

In March, 1814, the city of New York was compelled 
to borrow $100,000 to be used in defence of the city, 
which equipped, manned and maintained at its own ex- 
pense, a large body of troops who were placed in the 
works. September 23, 1814, the defences around New York were 
described as follows: "A strong blockhouse mounting a 24- 
pounder, stood at the west end of Rockaway Beach for the pur- 
pose of repelling boarding parties in small boats. A tower of 
solid masonry had been designed by General Joseph Swift at 
Hell Gate on Hallet's Point. It was called Port Stevens. For 



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76 Annual Report of the 

this the government had made a partial appropriation. A small 
battery stood at "Mill Rock at Hell Gate." The works at the 
Narrows were far from complete. Colonel Jonathan Williams, 
engineer in charge had changed the original plans. He estimated 
that 500 men could stand out against 5,000 and that the works 
were capable of giving shelter and accommodation to 1,500 
troops. Fort Hudson was then completed, Fort Richmond nearly 
so, and another battery was contemplated in the rear of both. 

A line of military defences was stretched across the island 
from the barrier gate at McGowan's Pass which commanded the 
Harlem river to the barrier gate at Manhattanville Pass which 
commanded the Hudson river: 

" Fortifications on Benson's Point near Third avenue and One 
Hundred and Sixth street. 

" Fort Clinton, between One Hundred and Sixth and One Hun- 
dred and Seventh streets and about one hundred and seventy 
yards east of Sixth avenue. 

" Fort Fish, between One Hundred and Fifth and One Hundred 
and Sixth streets and about ten yards east of Sixth avenue. 

"A stone tower about fourteen yards south of One Hundred 
and Ninth street and seven yards west of Seventh avenue. 

"A stone tower between One Hundred and Thirteenth and One 
Hundred and Fourteenth streets, and between Ninth and Tenth 
avenues. 

"A stone tower on the south side of One Hundred and Twenty- 
first street and about one hundred and ten yards east of Tenth 
avenue. 

"A stone tower on the south side of One Hundred and Twenty- 
third street and about fifty-four yards east of Tenth avenue. 

" Fort Haight, at Manhattanville Pass, about twenty yards 



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State Historian. 77 

north of One Hundred and Twenty-fourth street and one hundred 
and twenty yards east of Eleventh avenue. 

"Along, and in the neighborhood of King's Bridge road, a num- 
ber of redoubts and forts built during the Revolutionary war 
were still standing in 1814, between Bussing Point road — One 
Hundred and Forty-third and One Hundred and Forty-fourth 
streets; Seventh and Eighth avenues — and King's Bridge. These 
fortifications consisted of solid earth embankments from six to 
eight feet in height and were in the majority of instances exceed- 
ingly well preserved. The most conspicuous were situated as 
follows: 

* 4 One Hundred and Forty-fifth street, One Hundred and Sixty- 
first -street; at One Hundred and Seventy -fifth to One Hundred 
and Seventy-sixth the roacf passed sixty-seven yards east of 
Twelfth avenue and 900 yai;ds east of a fort and redoubts on a 
point of rocks on Hudson river, thirty yards south of One Hun- 
dred and Seventy-sixth street and 200 yards west of Fourteenth 
avenue. At One Hundred and Eighty-third street the road ran 
343 yards east of Fort Washington on Thirteenth avenue; at One 
Hundred and Ninety-second street 533 yards west of Fort George; 
at One Hundred and Ninety-sixth street 233 yards east of Fort 
Tryon; at Two Hundred and Twenty-sixth street 150 yards east 
of Fort Prince Charles, on Tenth avenue, on the southerly side 
of that street." 

From 1808 to 1816 the State of New York appropriated $272,000 
for the fortifications on Staten Island and the defence of the port 
of New York. 

The report of the Secretary of War, in 1818, shows that " the 
only work now progressing in New York is Fort Lafayette, at the 
Narrows upon Hendricks Reef; will mount 96 cannon, and cost 



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78 Annual Report of the State Historian. 

$275,000; is more than half finished and can be completed in the 
year 1819, and will require $110,000 to be appropriated. The 
other positions which must by necessity be occupied to complete 
the defences of New York, are; First, Sandy Hook; Second, 
Staten Island; Third, west end of Long Island; Fourth, Brooklyn 
Heights; Fifth, Frog Pond near the Sound." 



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VI 

MILITARY OPERATIONS. 

THE CONSPICUOUS PART TAKEN BY NEW YORK FROM BEGINNING TO 
END — UNSTEADINESS OF THE MILITIA. 

In the early part of October, 1812, 1,500 regular troops were 
stationed at Buffalo and Fort Niagara, under the command of 
General Alexander Smyth. 

At Lewiston, 2,500 troops had been mobilized. The whole force 
was under the command of General Stephen Van Rensselaer, of 
the New York State Militia. The invasion and conquest of Can- 
ada was the daily topic of conversation, not only in New York 
but in every other State in the Union. The militia was enthus- 
iastic, but undisciplined, willing but untrained. A bold and 
vigorous stroke in the upper province of Canada was looked upon 
as offering not only every feature of success, but as a positive 
means of terminating the campaign. But, unfortunately, the 
absurd friction which then existed between the militia and regu- 
lar army officers, destroyed the hopes of all who had inspired this 
campaign, and nearly demoralized the troops themselves. 

General Smyth was jealous of General Van Rensselaer, and 
General Van Rensselaer looked with contempt upon General 
Smyth's qualifications as a commander. General Van Rens- 
selaer permitted his personal prejudices against regular officers 
to interfere seriously not only with his own judgment but with 
the management of his troops. Instead of starting on a vigorous 
campaign, he allowed his command to remain in a state of de- 



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80 Annual Report op the 

moralizing inactivity, until the men themselves threatened to 
return home. Finally, an attack was planned on the British 
force at Queenston, for October 11th, but owing to the inclement 
weather and the want of a sufficient number of boats to carry 
the troops across the Niagara river, operations were held in 
abeyance until the 13th. Two columns of attack were planned, 
one of the militia under command of Colonel Solomon Van Rens- 
selaer, of the New York Militia, and the other a column of regu- 
lars under Lieutenant-Colonel Chrystie, of the Thirteenth In- 
fantry. (Colonel Van Rensselaer had been a regular army officer 
of distinction and had been desperately wounded at the Battle of 
the Miami or Maumee, by the Indians, August 20, 1794.) A sup- 
porting force of 200 regulars, under Lieutenant-Colonel Fenwick 
and Major Mullany, followed. 

October 12th, the preparations for assaulting the heights of 
Queenston were completed, and late that evening Lieutenant- 
Colonel Winfield Scott hastened to headquarters and entreated 
General Van Rensselaer to permit him to serve as a volunteer 
with the attacking column. General Van Rensselaer refused the 
request, but directed Colonel Scott to bring his command to 
Lewiston. The result of the attack could easily have been seen, 
through the jealousy that existed between the regulars and the 
militia. The enemy's batteries met the American troops with a 
galling fire. Colonel Van Rensselaer and Lieutenant-Colonel 
Chrystie were wounded early in the contest. General Van Rens- 
selaer ordered Colonel Scott to cross over and take the com- 
mand of the forces engaged. Colonel Fenwick's supporting 
column had already met with disaster. The boats which trans- 
ferred them were caught by the eddies and swept directly under 
the British batteries. The detachment, with the exception of a 



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General Jacob Brown. 



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State Historian. 81 

very few men, was obliged to surrender as prisoners of war. 
About the middle of the day, General Van Rensselaer crossed 
over to the Canadian side, examined the dispositions which Scott 
had made, approved them, then returned to the American shore. 

This engagement cast anything but credit upon the militia. 
After the first onslaught they were seized with a timidity that 
coaxing and threats alternately could not overcome, and they 
positively refused to obey any order that would expose them to 
the enemy's fire. The American troops, those that were left, 
fought with desperate courage under the conduct of General 
Wadsworth — who had generously waived command in honor of 
Colonel Scott — and Lieutenant-Colonel Chrystie, but their 
efforts were unavailing, for the arrival of General Sheaffe with 
800 re-enforcements of Canadian provincial militia soon put an 
end to the conflict. After consultation, General Wadsworth, 
Colonel Scott and other principal officers decided to surrender 
their forces, which consisted of 139 regulars and 154 militia. 
Over 400 militia who had taken no part in the engagement were 
afterward .included in the surrender. The casualties of the day, 
including the 100 killed and the 200 regulars who had surrendered 
under Major Mullany, of Colonel Fenwick's command, aggre- 
gated 1,000. 

Far different had been the result of the operations conducted 
by General Jacob Brown, along the northern frontier of New 
York. In 1810 General Brown had been made a brigadier- 
general of militia from the rank of colonel. When hostilities 
were declared he commanded a brigade in the first detachment 
of New York Militia, mustered into the service of the United 
States and the defence of the eastern frontier of Lake Ontario 
6 



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82 Annual Report of the* 

and the southern shore of the St. Lawrence. His front covered 
a distance of 200 miles; the greater part of it was but thinly 
inhabited. Its close proximity to the Canadian border, the in- 
adequate supplies of equipment, ordnance and of troops at his 
disposal, rendered his position one of great danger on one side 
and of vexation and embarrassment on the other. Hostilities 
were first opened on the New York frontier by Captain Forsyth, 
the commander of the regular troops at Ogdensburg, who crossed 
the river St. Lawrence, met $ force of the British on the road to 
Gananoque, whom he defeated. He pushed his way on to the 
village, entered it, destroyed what military stores he could not 
carry off, and returned to the American shore with several 
prisoners. 

The British retaliated by opening fire on the city of Ogdens- 
burg October 23d from their batteries at Prescott. For two days 
they maintained an irregular cannonading. Sunday, October 
4th, 600 British troops crossed the St. Lawrence in forty boats 
for the purpose of storming the town and capturing it by assault. 
General Brown, however, anticipating the move, had disposed his 
force, which aggregated about 400 men, along the banks of the 
river, with orders not to fire until the British were within close 
pistol shot. The British never landed. The several efforts that 
were made were met with such accurate fire from the American 
rifles that the British commander, utterly baffled, was forced to 
return to Prescott without accomplishing the purpose for which 
he had embarked. 

Again, in February, 1813, a small detachment of the British 
crossed over to the American side and committed a number of 
brutal and unprovoked outrages. The dashing Forsyth, who 
was then in command at Ogdensburg, promptly determined to 



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State Historian. 83 

cross the river and invade the enemy's country. His force con- 
sisted of 200 men, mostly volunteers from the surrounding coun- 
try. He surprised the British guard at Brockville, gathered in 
an abundance of military stores and returned to his post without 
the loss of a man and with fifty-two prisoners, among them eight 
officers. The British again retaliated. This time they brought 
over a fbrce of 1,200 men on February 22d. Although Major 
Forsyth and Colonel Benedict, of the New York Militia, put up 
a most heroic defence, they were finally driven back into the 
interior. 

Governor Tompkins was now exceedingly solicitous for the 
safety of Sackett's Harbor, which was the main naval and mili- 
tary depot along the lake frontier, but fortunately for the Amer- 
ican cause the British made no further attempts at invasion 
during the remainder of the winter. 

In the meantime," General Brown had been offered and had de- 
clined a colonelcy in the regular army. May 27th, a British fleet 
from Kingston was discovered on its way to Sackett's Harbor. 
Colonel Backus, the commander of the post, at once communicated 
with General Brown, who was living in temporary retirement 
within eight miles of the Harbor, and requested him to come to the 
front. The general promptly gave orders to have the militia 
assembled. He proceeded at once to the scene of danger. Colonel 
Backus relinquished the command. The following day the British 
fleet appeared. It consisted of four ships, one brig, two schoon- 
ers, two gun-boats, and thirty-three flat-bottom boats, carrying 
1,000 troops, under the command of Sir George Prevost and Com- 
modore Sir James Yeo. A breastwork was hastily constructed 
at the only point where the troops could land. Behind them 
were placed the militia and the Albany Volunteers under Colonel 



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:84 Annual Report op the 

Mills. The regulars under Colonel Backus formed the second 
line in the rear. The artillery under Lieutenant Fanning occu- 
pied Fort Tompkins at the barracks. The following morning 
the enemy approached in their boats. As at Ogdensburg, 
General Brown had given orders that no shot should be fired 
from the American forces until the enemy were within pistol- 
shot distance. Consequently the very first volley was well- 
directed and destructive. A number of officers were killed, boats 
were perforated, oars were splintered, and the attacking force 
was thrown into confusion. 

With the contest well within his hand and every assurance of 
success. General Brown now had the mortification of seeing the 
militia stricken with panic. In spite of the efforts of their officers, 
coaxing, cajoling and threats were as usual unavailing; they fled 
in the wildest disorder. Colonel Mills was shot down while 
heroically attempting to stem the retreat.' The British troops 
had landed and begun their march toward the village. Colonel 
Backus had fallen, mortally wounded, Lieutenant Fanning was 
severely wounded, but General Brown gathered a nucleus of his 
command about him and for a time managed to check the triumph- 
ant march of the invader. What he could not accomplish by di- 
rect attack, he succeeded in gaining by clever strategy. Taking a 
small party with him and gathering up on the way scattered rem- 
nants of dismayed militia, he worked around the flank of Sir 
George Prevost's command, in which manoeuvre the dense forest 
offered him protection. He marched toward the spot where the 
English had disembarked. His enemy was now seized with a 
panic; fearing that General Brown would turn his flank. Prevost 
gave orders to retire, an order that was promptly and precipitately 
obeyed. The British left behind them all their killed, a number 



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State Historian. 85. 

of their wounded, and thirty-five prisoners. General Brown per- 
mitted them to re-embark without further inconvenience than 
that which accompanied a dropping fire of musketry. With his 
feet once upon his flag-ship, the British General calmly demanded 
the surrender of the town, a request which was as calmly rejected. 

This action at Sackett's Harbor opened the way to greatness for 
General Brown. He was commissioned by the President a Briga- 
dier in the regular army. 

In the fall of 1813, the Niagara frontier was criminally exposed 
to the enemy by the withdrawal of the greater part of the troops 
for the expedition down the St. Lawrence. General McClure 
evacuated Port George in Canada west. Before retiring, however, 
he directed that the village of Newark be burned. Although this 
wanton act was promptly disavowed by our government, and Mc- 
Clure censured, the British in retaliation surprised Fort Niagara 
on the night of the 18th of December, 1813. The garrison con- 
sisted of 300 men, principally invalids. A few managed to make 
their escape, but all the rest were put to the sword. The whole 
frontier was now laid waste. Manchester, Lewiston, Youngs- 
town, Buffalo and the village of the Tuscaroras, many of whose 
people had enlisted in the service of the United States, were 
burned. ' 

General Brown was now ordered to Buffalo, which he reached 
in March, 1814. But it was not until the 1st of July that he was 
able to take the field. His force consisted of two regular brigades 
under General Scott and General Ripley, and the volunteers under 
Generals Porter and Swift. Fort Erie was his objective point. 
With that in his possession the abandonment of Fort Niagara by 
the British was inevitable. On the morning of the third, the fort 
was invested, and the garrison of 170 men surrendered. 



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86 Annual Report of the 

The Battle of Chippawa* which followed, July 5th, and of 
Lundy's Lane, July 25th, greatly encouraged the hopes of Ameri- 

GENERAL PETER B. PORTER'S DESCRIPTION OP THE BATTLE OF 

CHIPPAWA, 

Written in 1840 to the late William L. Stone, then Editor of the New 
York Commercial Advertiser. 

It is to be regretted that we bare no fair. Intelligent and connected history of the 
interesting campaign of 1814 on the Niagara prepared by some one whose knowledge of 
the views of those who conducted it, as well as of its incidents, give him a right to 
speak, and whose character entitle him' to credit, and that aside from the scanty in- 
formation to be gleaned from the official reports of the day, and some personal alterca- 
tions which have been thrown on the public with any other view than a faithful record 
of historical events, we have nothing to which we can resort but a few catch-penny 
compilations as much entitled, so far as facts are concerned, to the name of romance 
as history; and I regret to find that you, for want doubtless of other authorities, have 
been obliged to have recourse to these books for some of your statements, and have, of 
course, fallen Into errors. The only apology for the loss of style and spirit in the 
narration would be that the facts narrated were within the personal knowledge and 
observation of the writer, who vouches for their general accuracy. Although the story 
of the battle of Chippawa Is a long one, I cannot but hope that most of the facts intro- 
duced, especially in everything that relates to the Indians, will be interesting to the 
readers of the present day, who, I think, will consider the number and minuteness of 
its details as necessary to a full understanding and appreciation of the merits of the 
several parties engaged, rather than of the effusion of the proverbial garrulity of an 
old soldier. 

On the 1st of July, 1814, General Brown 'found himself In Buffalo at the bead of a 
force which. In his judgment, would authorize the invasion of Canada, for which the 
public sentiment appeared to be impatient. The army consisted of two brigades of In- 
fantry, under Generals Scott and Ripley, to each of which was attached a most respect- 
able and efficient train of field artillery, the whole in the highest state of discipline and 
equipment. To these were added, under my immediate command, a regiment of Pennsyl- 
vania volunteers, between 400 and 500 strong, a corps of 600 New York Volunteers 
(100 of them mounted), then at Batavia, but who Joined in Canada immediately after 
the battle of Chippawa, and between 660 and 600 Indian warriors, including nearly the 
whole military force of the Six Nations. 

General Brown proposed to open the campaign by the capture of Fort Erie, and thence 
proceeding rapidly down the west side of the Niagara River, reduce in succession the 
British posts of Chippawa, Queenston Heights, and Forts Miasassauga and Niagara, 
having made arrangements with Commodore Chauncey for the co-operation of his 
squadron^on Lake Ontario in the achievement of the two last objects. 

Fort Erie, situated at the foot of Lake Erie, was garrisoned by 170 men and com- 
manded by Major Burke of the British army. Chippawa, 18 miles below, and then the 
headquarters of the British forces, was commanded by General Riall, who had there and 
at available distances in his rear an army of about the same numerical forces as that 
of General Brown and of nearly the same composition, save that his Indian allies 
numbered about two hundred less. 

In order to form any correct judgment of the battle of Chippawa (of which it Is my 
principal object to speak), and of the merits and character of its various incidents, a 
correct knowledge of the localities and position is indispensably necessary. The Chip- 



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State Historian. 87 

cans, who had been thrown into repeated fits of despondency by 
the failure of the military operations of the preceding year. In 

pawa or Wetland, the north or left bank of which near Its mouth was occupied by the 
British troops and their defences. Is a respectable stream pome 150 yards wide and 12 
to 20 feet deep, coming from the west and entering the Niagara on a right angle with 
Its course. Street's Creek, where the American army took its position, is a small 
stream running parallel with the Chippawa and discharging into the Niagara two miles 
away or south of it. The Chippawa is bordered on the south by a flat, open plain about 
three-fourths of a mile in breadth and extending for an indefinite distance up stream. 
In the rear of this plain is, or there was, a dense forest of heavy timber of primi- 
tive growth, and the ground so wet and so much obstructed by fallen timber as to 
render the passage of it by carriages or horses Impracticable. The west bank of 
the Niagara for several miles above is nearly the same with the south bank of the 
Chippawa just described, with this single difference, that about midway between the 
Chippawa and Street's Creek, there is, or there was, a strip of woodland which had 
never been cleared, some quarter of a mile in breadth, extending from the forest to 
within some 10 or 15 rods of the Niagara, and leaving between it and the bank of the 
river an open avenue, through which passed the great public highway, thus forming 
a masque between Chippawa and Street's Creek, by which the occupants of one plain 
were excluded from all knowledge or observation of what was passing on the other. 

On the 2d July, General Brown, General Scott and myself, who was doubtless invited 
in preference to General Ripley on account of my Intimate knowledge of the country, 
made a reconnaissance of Fort Erie and the upper parts of the Niagara and concerted 
a plan for the attack of Fort Erie on the same night, or rather the next morning. By 
this plan General Ripley, with most of his brigade, were to embark in boats in the 
course of the night and proceed up the lake, so as to make a landing on the British 
shore some mile and a half above Fort Erie at daylight on the third. General Scott 
with his brigade was to cross the Niagara through a difficult pass in the Black Rock 
rapids and make a simultaneous landing at the same distance below the fort, when 
the two brigades would advance on the fort in such a manner as to prevent the escape 
of the garrison until the artillery, if it should be necessary, could be brought over from 
Buffalo to reduce it. 

General Ripley departed according to order, but in consequence of a dense fog the 
pilots lost their course and delayed his landing for some hours after the appointed time. 
General Scott, however, with his accustomed energy and promptitude, and aided rather 
than impeded by the fog, made good his landing at the hour and place indicated, and 
was enabled, by the assistance of Indians and other volunteers who immediatelj 
followed him, so to arrange his force as to prevent the escape of the garrison. 

The rising sun discovered the British commandant with his officers viewing with 
their glasses the surrounding scene, a part of which was the continued and rapid transit 
of boats across the Black Rock ferry, freighted with artillery, horses, and Indian 
warriors, destined for their destruction. Whether influenced by the appearance of the 
artillery or of the Indians, who are held in greater terror by European than American 
soldiers, the commanding officer soon after midday, and rather too soon perhaps to 
satisfy the claims of military etiquette, surrendered the post and garrison to the de- 
mand of General Scott at the end of a short parley. 

On the same evening General Scott with his brigade and Towson's artillery proceeded 
down the Niagara, and on the morning of the 4th, having on his march driven in some 
advanced pickets of the enemy, established his camp in the open field on the south side 
of Street's Creek, two miles above Chippawa. On the evening of the same day (the 4th) 
he was Joined by General Brown and Ripley's brigade, who encamped a short distance 
to the south of him. In the course of the night of the 4th, I crossed the ferry at Black 
Rock with the Pennsylvania Volunteers and Indians, and at sunrise marched for the 



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88 Annual Report op the 

the Battle of Lundy's Lane, or Bridgewater, as it is sometimes, 
called, the Americans lost 858 men killed and wounded, out of 

camp, where I arrived at 12 o'clock. On our way down we were met by General Brown 
about three miles above the camp, who, on his return with us, gave me to understand 
that the position of the army (although doubtless the best that could have been selected 
in that neighborhood), proved to be a very troublesome and inconvenient one from its 
restricted limits, there being but about three-fourths of a mile between the river and an 
almost impenetrable forest, which was swarming with Indians and militia, accustomed 
to its haunts, from the British camp, and who were constantly firing upon and driving 
in his pickets; that he had that morning been under the necessity of making an ex- 
ample of one of his officers for suffering his guard to be driven in, and thereby exposing 
the whole camp to the direct fire of these troublesome visitants; that it was absolutely 
necessary for the quiet and safety of his camp that these intruders shold be dispos- 
sessed, and as his troops of the line were ill qualified for this kind of service, he pro- 
posed that I should scour the woods with my Indian force, sustained by the volunteers, 
and drive the enemy across the Chippawa, handling them in such a way as to prevent 
their reappearance. He assured me, too, most emphatically, that there was not then 
and had not been since their arrival a single regular British soldier on the south side 
of the Chippawa (an account which was probably at that moment substantially true), 
but that, to guard against contingencies, he would direct General Scott to cross Street's 
Creek with his brigade and be ready in the large plain (which soon after became the 
battlefield), to sustain me. 

The proposition was of course acceded to by me, and when afterwards communicated 
to the Indians and volunteers received by them with enthusiasm. 

By 3 o'clock in the afternoon, the troops having been refreshed from the fatigues of 
the preceding night and morning, the warriors, many for the first time arrayed in the 
habiliments of battle costume, and the plan of march and attack settled, I formed the 
whole corps (with the exception of 200, or one-half of the volunteers, who were left in 
the camp to be employed as occasion might require), into single line or Indian file half 
a mile in the rear of our camp, with the Indians towards the woods, and then march- 
ing into the woods in a line at right angles with the river, until the whole Indian force 
was immersed in the forest and leaving the volunteers in the field, I had only to halt 
by simply facing to the right, form my line of battle looking towards Chippawa, and 
presenting a front of three-fourths of a mile in length and one man deep. Having 
placed Red Jacket, in whose intelligence I had great confidence, on the extreme left, 
I took my station on the margin of the wood, accompanied by Captain Pollard, a Seneca 
chief, whom I considered as probably better entitled than any other to the command. 
Colonel Fleming, the Quartermaster of the Indian troops, Lieutenant (now Major) 
Donald Fraser, my aide, and Henry Johnson, my interpreter. I was also accompanied 
by Major (now Adjutant-General) Roger Jones and Major Wood of the Engineers, after- 
wards killed at the sortie from Fort Erie, as volunteers, and supported by a company 
of regular infantry marching in column In our rear as a reserve. The Indians were 
commanded by their war chiefs, to whom I had in a great measure committed the conduct 
of the battle and the march, and were placed In front of their respective nations or 
tribes and some 20 yards in advance of the line of warriors. Having previously sent 
out several scouts, we commenced our march by signal, and at first proceeded with 
extreme stillness and caution. The tribes have signals by which, on the discovery of 
any circumstance requiring consultation or change of route or action, they convey notice 
through the whole line with incredible rapidity, and the warriors instantly drop on 
their faces and remain quiet until new orders are given. Two instances of this man- 
oeuvre occurred on our march, the first unimportant, but the last disclosing to us through, 
the scouts the exact position of the enemy, which was found to be in a range of thick 
bushes along the margin of Street's Creek. After new orders— changing a little the 



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State Historian. 89 

"2,600; and the British 880 men out of 4,600. The seige of Fort 
Erie, the repulse of Colonel Drummond, who attempted to carry 

direction of our route bo as to meet the enemy at better advantage— to increase our 
speed as much as was consistent with the preservation of order in the line, to receive 
the Are of the enemy, but not return it until it could be done with certain effect, regard- 
less of the Are of others; then to rush upon them with war whoop and to pursue, capture, 
and slaughter as many of them as practicable until our arrival in the open field in front 
of Chippawa, when we should retire to camp. 

We accordingly resumed our march, received the fire of the enemy, and then rushed 
forward with savage yells, pursued them for more than a mile through scenes of Indes- 
cribable horror, few only of the fugitives surrendering themselves as prisoners, while 
others, believing that no quarter was to be given, suffered themselves to be overtaken 
and cut down with the tomahawk, or turned upon their pursuers and fought to the 
last. On the arrival of our advance in the field before Chippawa we were surprised by 
a tremendous discharge of musketry, and the Indian portion of our line, which was 
most in advance, was thrown back upon the volunteers and reserve, who for want of 
equal speed were some distance in the rear. Thinking that this fire might have come 
from the enemy we had been pursuing, who on reaching the plain had rallied and 
turned back, I made an effort, and not without success, to re-form my line with the 
volunteers, reserve, and a portion of the Indians, and, again advancing with caution to 
the margin of the wood, we found ourselves within a few yards of the British army 
formed in line of battle and presenting within the same space at least three men fresh 
from their barracks to one in our attenuated and exhausted line. After receiving and 
returning two or three fires, the enemy advanced impetuously upon us, when, hearing 
no'.hlng from General Scott, I have the order to retreat, " Sauve qui peut," and to rally 
in rear and to the left of General Scott's brigade wherever it could be round. 

It seems that General Riall had resolved to make on that day a general attack upon 
the Americans, and in execution of his purpose had marched his whole force across the 
Chippawa shortly before I entered the woods, and having sent forward his Indians, 
militia, and other light troops (which was the force first met by my corps), to com- 
mence the attack from the woods on our left flank, he formed his battalions on the 
south side of the Chippawa under cover of the strip of woods which separated the 
armies, with his artillery on the left near the gorge or public road on the bank of the 
Niagara ready to act the moment the effect of the flank attack should be developed. 

The repulse from my command was thus from the main body of the British army 
while General Scott was yet on the south side of Street's Creek, with an interval of 
nearly a mile between us. My error (If it should not be rather called a misfortune), 
was remaining too long under an unequal fire, or possibly in attempting to rally at all, 
for I lost by it besides other valuable men the three principal officers of the Pennsyl- 
vania Volunteers. If the Indians are more obnoxious to the charge of cowardice than 
the* volunteers, by reason of leading them in the flight, they owed it only to their 
greater speed and bottom in the race, for the volunteers retreated with all the speed 
they could muster unrestrained by any other consideration than a passing regard to 
the safety of his immediate companions in the flight. As to myself, I found I could not 
gain but little on the British battalions, who were in pursuit, and arrived at Street's 
Creek the moment that Major (now Colonel) Jesup, whose battalion constituted the 
left and last formed portion of General Scott's line, had reached his position, having 
thrown down the fence to enable his troops to pass from the road on the creek into the 
field, and he had scarcely assumed his post, which he did with great activity and ad- 
dress, before the general conflict between the two parties commenced. 

General Scott's brigade received the enemy with the most perfect coolness, and with 
a simultaneous discharge of musketry, which threw them into confusion and soon 
•caused a retreat towards the rear of the field, where they rallied and again advanced, 



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90 Annual Report op the 

the works by assault, and the dashing sortie which the Americans 
made September 17th, under Generals Porter and Miller, brought 

but were again met by General Scott in the same bold and decisive manner, whereupon 
they retreated with as much expedition as had characterized their pursuit of the volun- 
teers, until they had crossed the Chippawa and destroyed the bridge. 

General Scot*, followed them around the point of woods, beyond which a further pur- 
suit would have been in the face of their batteries on the north side of the creek, 
without the possibility of reaching them, by reason of the intervention of the river, 
where he deployed to the left on the ground first occupied by the British, and placed 
his men on the ground with their heads to the batteries to escape the effects of their 
■hot 

After the first fire of General Scott's brigade, I discovered a splendid horse, hand- 
somely caparisoned but without a rider, snorting and prancing between the lines, and 
endeavoring to escape to the rear of the Americans. He was immediately secured by 
my servant, and in a few moments I found myself for the first time in the day most 
comfortably mounted, when, riding to General Brown, I received an order to proceed 
immediately with the 200 volunteers I had left in camp to the support of General Scott, 
which I promptly obeyed, and, passing in column round the point of woods soon after 
him and receiving the fire of the British batteries, took post on his left In the same 
recumbent position. There we remained half-an-hour waiting the arrival of General 
Ripley, whose brigade had taken a circuitous route to meet the enemy's right and who 
enjoyed the luxury of a march through the swamp, when we all retired to camp, and 
thus ended the battle of Chippawa. 

This battle, had General Scott been at hand to support the volunteers when they 
first met the British line, would doubtless have presented quite a different aspect, 
although I am inclined to believe the result would have been equally auspicious to the 
American arms. Why he was not there has never been satisfactorily explained to me, 
although I have never doubted that the omission proceeded from the same conviction 
In his mind which General Brown had before expressed, *• That there was not a regular 
soldier on the south side of the Chippawa," and that my force was amply sufficient to 
dispose of the British Indians and militia. The mutual ignorance of the two armies 
of each other's plans and movements led to mistakes as disadvantageous probably to 
the enemy as to ourselves. The rapid and fatiguing pursuit by the enemy of our volun- 
teers and Indians with frequent firings, and elated with the idea that victory was already 
achieved, necessarily created some confusion in their ranks, which was so much in- 
creased by the sudden and unexpected reception they met with from General Scott 
that they could never recover, hastened the termination of the battle, and probably 
rendered it less sanguinary than if the parties had met more deliberately and with a 
better understanding of each other's views. 

The Intimation in a part of your manuscript that most or the whole of the Indians, 
on their repulse at Chippawa, fled immediately to Buffalo and were never again seen 
in the American camp, is totally destitute of foundation. That some few of them, from 
sheer cowardice and fright, fled at the commencement of the battle to Buffalo without 
stopping, I have no doubt. It is also true that a considerable number more were sup- 
posed by our soldiers, for want of knowledge of an important fact, to have retreated in 
the early part of the action. When the Indians take a prisoner the captors, with In- 
credible dexterity and speed, immediately lash his hands behind him with his own belt, 
bear him off to the rear, leading him like a horse by the halter and compelling him to 
move at a trot. The frequent appearance of these parties, with at least one and some- 
times two or three guards to each prisoner, passing rapidly through the fields to the 
rear, led doubtless to a belief with many that they were all fugitives. But that any 
considerable number fled until they had met a force so much superior as to render it 
m duty to retreat, I do not believe. It is certain that a large portion of them remained 



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State Historian. 91 

renewed encouragement to the American troops, and to the Ameri- 
can people.f 

with the army until the ere of the battle of Lundy's Lane, when most of them with- 
drew, for reasons which, as will appear In what I have further to say of them, afforded 
them at least a fair apology. Early In the morning after the battle some 20 chiefs 
appeared at my tent, each accompanied by a young warrior bearing the scalps, strung 
on a stick curved in the shape of a hoop, which had been taken on the preceding day, 
having been informed from some source and believing that a bounty would be paid 
for every scalp taken from an enemy In battle. I apprised them of the error Into which- 
they had fallen, refused to examine or count these unseemly trophies, and ordered 
them to be burled or thrown Into the river, which was immediately done. For the 
prisoners they brought in, (amounting to some 15 or 18, and among them were two 
principal chiefs, the sons of Dr. Carr and descendants of Sir Wm. Johnson by his squaw 
wife), they were allowed a small premium. They then expressed a wish to visit the 
battle ground to carry off tho bodies of their friends who had fallen, which in the 
hurry of their retreat they had not been able to do the preceding day. This was 
readily granted, with an understanding that Colonel Fleming should accompany th?m. 
In the course of a few hours they returned and reported that they had found and 
brought In the bodies of, I think, fifteen of their warriors, which they buried in the 
course of the evening with the honors of war. They reported also that among the 
numerous bodies of their fallen enemies they had discovered three still Irving, although 
mortally wounded, and that they had Immediately despatched two of them by cutting 
their throats, but recognizing in the third, who was burning with fever and suffocating 
with thirst caused by his wounds, a former resident of one of their own villages, John* 
son had gone to a creek, filled his own canteen with water, and after giving it to his 
countryman left him to die alone. On my reprobating the act of taking the life of an 
unresisting man as cowardly and unworthy of a warrior, the only reply made by 
Johnson, and uttered In a manner that denied the consciousness of having done an 
Ignoble act, was: " We know, sir, that it seemed very hard to put these men to death, 
but we hope that you will consider that these are very bad times." 

On the march of the army from Chippawa to Queenston, the Indians, whose roving 
habits it was Impossible to restrain, besides committing some depredations on the neigh- 
boring farmers, discovered a depot of some 50 barrels of spirits, brandy, and wine, which 
belonged to the British army, and was concealed by them In the woods on their rapid 
retreat. These epolls were all taken from the Indians by the Quartermaster of the army 
without compensation, and caused some dissatisfaction among tt^em, not perhaps without 
cause so far as regarded the public stores. 

About this time a proposition was made by Red Jacket, and approved by General 
Brown, to send two young chiefs, who were men of prudence and address, as spies to 
the British Indians, then near the head of Lake Ontario, where they had retreated after 
the battle of Chippawa, and endeavor to effect a mutual and total withdrawal of all the 
Indians from both armies. These chiefs after an absence of three days returned and 
reported that the proposition was favorably received by the very few of the enemy to 
whom they dared to make their message or themselves known, and that measures 
would be taken by the British Indians to effect its object. And this embassy, of which 
Red Jacket was disposed to make the most, resulted in the retirement a short time 
before the battle of Bridgewater of nearly the whole of our Indian force, under a prom- 
ise, however, that In the event of the British Indians appearing again In the field they 
would Immediately return and join the army. 

The British Indians did not, however, appear again or give any further annoyance 
during the campaign, and yet some fifty warriors, among the most distinguished of 
whom was the brave Johnson, baited by the pleasure of a military life of which they 
bad now tasted, returned soon after to the army and were very useful auxiliaries during. 



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D2 Annual Report op the 

In the meantime, active operations had taken place along the 
northern and northeastern border of New York. In the summer 
of 1813, General Wilkinson relieved General Dearborn in com- 
mand of the northern army. March, 1814, General Wilkinson 
concentrated his forces at Champlain, on the New York frontier, 
to threaten the British outposts. After the failure of the assault 
on La Cole Mill, on the St. John, Wilkinson was recalled, and Gen- 
■eral Macomb was placed in command of the army. In May the 
British flotilla was prepared to sail for Plattsburg. General Ma- 
comb penetrating the design, ordered Captain Thornton's light 
battery to man the works on Otter Creek to protect the naval de- 
pot, the vessels and stores. The British forces were roughly 

the remainder of the campaign, having been confined with the army in Fort Erie during 
its investment and performed a conspicuous part in the sortie of the 17th September, 
and were among the first in the enemy's trenches. 

(Prom Mss. of Hon. P. A. Porter. Reproduced from the Documentary History of the 
'Campaign on the Niagara Frontier by the Lundy Lane Historical Society.) 

f GEN. BROWN TO GOV. TOMPKINS, 

On the conduct of the militia on the sortieof Sept. 17th from Fort Erie. 

" Headquarters, Fort Erie, Sept. 20, 1814. 

" My dear Sir. — Your Excellency is no doubt aware how much the army under my 
command has suffered from the fire of the enemy's batteries, of which the first and 
second were not more than 500 yards distant Socn after my arrival, I ascertained they 
were day and night employed in erecting a third, to the right of the others, which 
would rake obliquely our whole encampment. About the 12th this new work was nearly 
completed, and in it were mounted some long 24-pounders. Being very impatient under 
the fire of the old, and knowing that our difficulties would increase from the opening of 
the new, battery, I determined to hazard a sortie with a view of carrying them and 
destroying the cannon. On the 17th inst. an order was given to this effect and executed 
In the most gallant style. 

The batteries were carried, the principal work blown up, and the cannon effectually 
destroyed. It was a desperate conflict. The loss of the enemy cannot be less than 800 
men. Our own is severe, in officers particularly. The militia of New York have re- 
deemed their character— they behaved gallantly. Gen. Davis was killed, and General 
Porter slightly wounded in the hand. 

Of the militia that were called out by the last requisition fifteen hundred men have 
crossed. This reinforcement has been of Immense importance to us; it doubled our 
effective strength, and their good conduct cannot but have the happiest effect upon the 
nation. The brave men deserve well of their country; and I flatter myself that the 
legislature about to convene will notice them as becomes the representatives of a gen- 
erous people." 



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State Historian. 9£ 

handled, and were only too willing to return to the Isle Aux Noix. 
England had despatched to this country from 4,000 to 6,000 troops 
from Wellington's triumphant army, and the British forces in 
lower Canada aggregated 12,000 veteran troops. The British had 
planned a -repetition of the invasion of New York, that had been 
inspired by Sir John Burgoyne, thirty -eight years before. General 
Macomb's force at Plattsburg amounted to only 2,500 men, many 
of whom were convalescents and new recruits. In the entire com- 
mand there was but one organized battalion. The morning re- 
turns show only 1,500 men were fit for duty. Calling in General 
Mooers, division commander of the New York Militia, a plan was 
devised by which the regulars and the militia were to co-operate 
to the fullest extent, and both general officers manifested com- 
mendable enterprise, activity, and energy in sending dispatches 
over the surrounding country to summon re-enforcements to their 
aid. The splendid spirit of co-operation displayed by the officers 
diffused itself through the rank and file. The command was di- 
vided into detachments and ordered to the different forts. 
In General Orders, General Macomb announced that each party 
must defend its works to the last extremity. Sir George Prevost 
had boasted that he expected to penetrate as far as Crown Point 
and Ticonderoga before winter set in. But he was solid tious 
about the British flotilla which he expected to protect his left 
flank. Without the control of Lake Champlain, he realized that 
his position would be extremely precarious. 

September 3d, the British army entered Champlain. The fol- 
lowing day the advance upon Plattsburg was made. General 
Macomb had blocked the road with fallen trees, as General Schuy- 
ler had done at Saratoga for Burgoyne. As Prevost advanced 



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94 Annual Report op the 

he found the bridges were destroyed and the passes choked by 
chevaux de frise. September 5th, Prevost halted at Little Chazy. 
General Macomb was urged to abandon Plattsburg. His force 
now numbered between 8,000 and 10,000, militia and volunteers, 
but previous experience had taught him that the militia were not 
to be altogether relied upon in a tight place or under a heavy fire. 
September 6th, the head of the British column, under Generals 
Power and Robinson, encountered a small force of Americans. 
The militia, mistaking the red coats of the New York Cavalry 
that were stationed as lookouts on the hills, for British soldiers, 
were seized with their customary panic, and, in spite of the 
efforts of the officers, precipitately left the field. The British 
column continued to advance, and encountering but feeble opposi- 
tion, entered the village of Plattsburg. The Americans had re- 
tired into their breastworks on the southern bank of the Saranac, 
and opened fire with their heavy artillery upon the English troops. 
The fire was too hot for human nature to endure; the British army 
fell back and encamped about two miles from the Americans' 
forts, leaving in their front a few troops to protect the fords and 
bridges. 

The British general passed several days in erecting batteries 
and bringing up heavy artillery. Constant skirmishing was going 
on between the advanced lines of the two armies, punctuated 
now and then by a heavy and effective cannonading from the 
American works. Sir George Prevost was playing a waiting 
game. He was reluctant to begin active operations in the field 
until his supporting fleet materialized. September 10th, unusual 
activity in the British camp indicated to the American general 
that the following day would bring portentous events. He pre- 



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Stats Historian. 95 

pared for the attack which he now regarded as inevitable. He 
divined that the British fleet had arrived, an intuition that soon 
was to be verified. At daybreak, the British fleet was seen 
swinging around Cumberland Head. As soon as the British 
troops had finished their early breakfast, they opened fire on the 
American works with their heavy guns. Under cover of this 
cannonade the British troops advanced to force a passage across 
the stream in three columns to assault the American works. The 
troops carried scaling ladders. The assault was well met by the 
Americans. The attacking columns that approached the Ameri- 
can works by the bridge in the village and the principal bridge, 
were hurled back by the regulars in great confusion. The third 
column, which was to cross at the ford three miles above the fort, 
was led astray in the woods by a false road which General Ma- 
comb's engineering strategy had conceived. The ardor of the 
British troops was destroyed by the withering fire which came 
from the American guns. They beat a retreat, their flight ac- 
celerated by the discovery that the American Commodore, Mc- 
Donough, had met and destroyed the British fleet on which so 
many of Prevost's hopes for success had been stored. Before the 
dawn of another day Sir George Prevost's army was in full flight 
for Canada. He left behind his dead, his sick and his wounded, 
vast quantities of provisions, of ammunition, tents, intrenching 
tools and ordnance stores. The losses incurred in this contest 
were by no means commensurate with the results obtained. New 
York and Vermont, through their Legislatures, presented Gen- 
eral Macomb and Commodore McDonough with resolutions of 
thanks and congratulations. New York presented General 
Macomb with a sword and the city of New York, the freedom 



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96 Annual Report op thb 

of the city in a gold box. Congress gave him a vote of thanks,, 
and a gold medal emblematic of the victory. The President con- 
ferred the title of Brevet Major-General in the regular army, to 
date from September 11, 1814. 

While these events were happening in the North, the middle 
Atlantic States were thrown in a fever of excitement by the arri- 
val of the fleet of Admiral Cockbuirn, who first appeared at the 
mouth of the Chesapeake and came to anchor in Hampton Roads 
February 4, 1813. His fleet consisted of two ships of the line, 
three frigates and a couple of small vessels. Thence he made 
incursions northward and burned Frederick, Georgetown, Havre 
de Grace, Frenchtown. By these manifold outrages he threw 
the defenceless inhabitants of the surrounding country iato par- 
oxysms of terror. The Washington authorities were fully ap- 
prised of his operations but, with a lethargy and indifference 
that were inexplicable, made no effort whatever for the defence 
of the Capital and the protection of the valuable archives in- 
trusted to their care. 

March 1st, Admiral Cockburn, with one 74-gun ship, two 
frigates, a brig, and a schooner, came to anchor in Lynnhaven 
Bay. The authorities at Washington were promptly notified. 
Additional information arrived about that time, in effect, that 
4,000 English veterans had landed at Bermuda. The apathy at 
Washington continued. No one seemed to realize the peril 
which menaced the Capital. The District of Columbia was in- 
cluded in the Tenth Military District which was commanded by 
General W. H. Winder. It was utterly defenceless. General 
Winder called the attention of the Secretary of War, General 
John Armstrong, who was himself a military man, to the deplor- 



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State Historian. 97 

able condition of the Capital, but it was not until July 4th that 
the War Department opened its eyes and for the first time gave 
manifestations of life. Formal requisitions were then made upon 
the several neighboring States for artillery and infantry, but by a 
remarkable oversight, no mention was made of cavalry, which was 
decidedly essential in stinging the rear and flanks of an invading 
army. Orders were issued to hold the militia in readiness for 
immediate service. The President proposed a plan to establish 
a camp of 2,000 regular troops between the Patuxent and the 
Potomac; the troops to be formed into an army of observation 
and mobilized in order to move in any direction at the first 
opportunity. The plan was not adopted. On the 24th day of 
August 5,100 green American troops who had been gathered 
and thrown together, and at the best were nothing but an 
organized mob, met the trained British troops under General Ross 
and were promptly, thoroughly and disastrously defeated. The 
English proceeded to Washington where, in violation of all mili- 
tary law and military usage, they destroyed the capitol, the 
White House, and other public buildings; the President himself 
fleeing from the town with hundreds of other fugitives, to escape 
capture. The day after the battle of Plattsburg the British 
Army encountered the American troops at Baltimore and were 
repulsed, their general, Boss, who had assisted in the pillage and 
destruction of the capitol, being killed. 

Three weeks before General Jackson's signal defeat of the 
British troops at New Orleans, was held the Hartford Conven- 
tion, which consisted of delegates from New England States, 
who were known to be opposed to the Federal Administration 
and to the prosecution of the war. Inasmuch as England had 
7 



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98 Annual Repobt of the State Historian. 

directed her colonies to continue commercial transactions with 
and to bestow special privileges upon the New England States 
several months before, the friends of President Madison declared 
that the ulterior purpose of the Hartford Convention was the 
secession of those States which were known to be friendly to 
England, a charge which was vehemently denied by the delegates 
and their adherents. The final defeat of the English by Jackson 
culminated the war, however, and the treaty of peace put an end 
to the influences that inspired the Hartford Convention. 



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VII 

TOMPKINS AS A STRONG WAR FIGURE. 

DEFEAT FOR THE PRESIDENTIAL NOMINATION — NOMINATED AND 

ELECTED AS VICE-PRESIDENT CONTROVERSY WITH STATE 

COMPTROLLER M'lNTYRE — HIS LAST DAYS AND HIS DEATH. 

Before the war had continued a year the fact was demonstrated 
that Governor Tompkins was the most conspicuous, as he cer- 
tainly was the strongest character which the crisis had brought 
forth. In his annual speech to the extra session of the Legisla- 
ture, in November, 1812, he suggested that a loan should be made 
by the State of New York to the National Government, in order 
to inaugurate a vigorous prosecution of the war. Accordingly, a 
resolution carrying a loan of $ 500,000 to the National Government 
was introduced in the Senate, where the Republicans dominated, 
and its passage was secured through the efforts of Governor 
Lewis, Martin Van Buren, and General Erastus Root. The Fed- 
eralists in the House, however, killed it. February 4, 1813, Gov- 
ernor Tompkins was again re-nominated, and in the ensuing elec- 
tion, defeated General Stephen Van Rensselaer, in spite of the 
opposition of De Witt Clinton and his friends, who openly repudi- 
ated the candidates of their party, and who were controlled by re 
sentment, because of the suspicion that the Governor had pre- 
vented Clinton's nomination to the Presidency. The Federalists, 
however, continued to control the lower House of the Legislature 
and effectually checked every recommendation and project which 



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100 Annual Report op the 

the Governor and his party proposed for the defence of the State, 
and the support of the National Administration. This partisan 
interference, while it doubled the Governor's responsibilities, de- 
veloped the strongest traits in his character, particularly when it 
became apparent that the British proposed an invasion of the 
State. After the destruction of Washington, all military men 
foresaw that the triumphant British troops would march to Balti- 
more, thence to Philadelphia, and to New York. New York waa 
pitiably defenceless, and when an appeal was made to the Na- 
tional authorities, the same reply came back that was returned in 
1862, when the Merrimac was expected to sail from Hampton 
Boads and bombard New York: " You must take care of your- 
self. The government can do nothing for you." 

In fact, the policy of the National Government in those daya 
was to drop all responsibility upon the States themselves, a re- 
sponsibility which many of the States accepted with but very little 
complaint. At this time, however, the National Government waa 
practically bankrupt. It was impossible to raise a National loan. 
Bepresentative citizens of New York, irrespective of party, called 
upon the Governor and besought him to exercise his authority to 
its fullest limit, and, if need be, transgress it for the public safety* 
Mr. Bufus King said to him that; "the time had arrived when 
every good citizen was bound to put his all at the requisition of 
the government — that he was ready to do this; that the people of 
the State of New York would and must hold him (Tompkins) re- 
sponsible for its safety." In narrating the events of this inter- 
view the Governor said: " I acquainted him with the difficulties 
under which I had struggled for the two preceding years the vari- 
ous instances in which I had been compelled to act without law or 
legislative indemnity, and urged that if I should once more exert 



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State Historian. 101 

myself to meet all the emergencies and pecuniary difficulties with 
which we were pressed, I must inevitably ruin myself." 

" Well, sir," added he, with that enthusiasm which genius lends 
to patriotism, " What is the ruin of an individual compared with 
the safety of the Republic? If you are ruined, you will have the 
consolation of enjoying the gratitude of your fellow citizens; but 
you must trust to the magnanimity and justice of your country, 
you must transcend the law, you must save this city and State 
from the danger with which they are menaced, you must ruin 
yourself if it becomes necessary, and I pledge you my honor that 
I will support you in whatever you do." 

A special session of the Legislature was convened September 
26th that year. On his own responsibility, Governor Tompkins 
raised a large sum of money, which he used in purchasing arms 
and equipments for the troops, and protecting the defences of the 
State. Within a brief time, 12,000 troops had been mobilized in 
the State and placed in the defences. At his request the Presi- 
dent appointed him the military commander of the Third Military 
District.* After the defeat of the American troops before Wash- 

• The subjoined correspondence settles the much discussed question, as to whether 
Governor Tompkins received the commission of major-general in the United States Army 
while in command of the Third Military District. 

Albany. N. Y., December 7, 1897. 

Colonel P. C. Ainsworth, TJ. S. A., Chief of Record and Pension Office, Washington, 
D. 0.: 

Dear Sir.— The State of New York during the coming winter will publish the military 
papers of Daniel D. Tompkins. As you remember, there is more or less dispute whether 
he was actually commissioned a major-general in the United States Army, or simply 
exercised that rank by virtue of .his appointment to the command of the Third Military 
District, under the following order, dated: 

" War Department, Oofr 14th, 1814. 

Sir.— The President commits the Command of the Military District No. 3 to you, and 

requests that you will repair to the City of New York, without a Moment's delay, to 

enter on its dutv. 

I have the Honor to be. Sir, 

Your Excellency's Ob't Serv't, 

JAS. MONROB. 
His Excellency Gov'r D. D. Tompkins." 



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102 Annual Report op the 

ington, and the burning of the Capitol, public sentiment ran so 
strong against the administration that General Armstrong was 
forced to resign, and his place in the Cabinet was temporarily 
filled by James Monroe, who was transferred from the Depart- 
ment of State. President Madison now offered the portfolio of 
the State Department to Governor Tompkins. This honor was 
significant. Up to this time, with the exception of Timothy Pick- 
ering, of Massachusetts, and Robert Smith, of Maryland, each of 
whom served only two years, the Secretary of State, like the 
President, had come from Virginia, and the office was regarded 
as next in line of promotion to the Presidency. But Governor 

If it isn't too much trouble, will you let me know whether there Is any record in your 
office indicating the existence of a confmission of major-general to Daniel D. Tompkins. 
With beat wishes always, believe me to remain. 

Faithfully yours, 
(Signed) HUGH HASTINGS, 

State Hittorian. 

Record and Pension Officii, 
War Department, 
Washington City, December 14, 189T. 

Hon. Hugh Hastings, Btate Historian, Albany, New York: 

My Dear Sir.— In replying to your letter of the 7th instant in which you inquire 
whether there is anything of record in the War Department to show that a commission 
as major-general was issued to Daniel D. Tompkins of New York, during the War of 
1812, I beg to say that an exhaustive search of all records likely to afford information 
relative to the subject has resulted in failure to elicit anything to indicate that such a 
commission as that described by you was ever issued to Governor Tompkins. 

Indeed, the letter-books of the War Department show that he was invariably addressed 
as " D. D. Tompkins, Governor of New York," or as " His Excellency, Daniel D. 
Tompkins, Governor of New York." The letter, of which the following is a copy, may 
be of interest to you in connection with the subject of your inquiry: 

" Department of War, April 10, 1816. 
" D. D. Tompkins, Governor of New York, Albany. 

" Sir.— I have the honor to acknowledge the receipt of your letter, requesting to be 
released from the command of the Third Military District, and you are released accord- 
ingly. 

" It is with great pleasure that I add an expression of the President's thanks for the 
patriotic, active, and able support which you have on all occasions given to the measures 
of the Government, during the late war. 

" A. J. DALLAS." 

Very respectfully, 

(Signed) F. O. AINSWORTH. 

Colonel U. B. Army, Chief, Record and Pension Office. 



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Stats Historian. 103 

Tompkins, who already had the presidential bee buzzing near him, 
declined the compliment, on the ground that he could be more use- 
ful to the State of New York. 

The Executive and Legislative Departments of Government of 
the State of New York in 1814, were in the hands of the Republi- 
cans. Laws were speedily passed increasing the pay of the mili- 
tia when mustered into the service of the United States, for the 
encouragement of privateering, for classifying the militia in order 
to secure 12,000 men for two years, who were to be placed at the 
disposal of the Federal Government, for raising a corps of Sea 
Fencibles for the city of New York, for the re-imbursement to Gov- 
ernor Tompkins for expenditures that he had made on his own 
responsibility, and for completing the hitherto neglected fortifica- 
tions on Staten Island. 

The military situation was then well expressed by Mr. Augus- 
tus Wright, from the Eleventh New York district, on Saturday, 
October 8, 1814, from the Assembly Committee on the Draft of 
an address in answer to Governor Tompkins' speech, who said, in 
part: 

" When we call to mind the avowed purpose of the enemy, " to lay waste and destroy 
all our assailable cities and districts on the sea-board," in utter disregard of those 
principles which are enforced and inculcated alike by the laws of nations, and the feel- 
ings of humanity; and when we hear from your Excellency, that " one great object 
of his campaign was to penetrate with his northern army by the waters of Lake 
Champlain and the Hudson, and by a simultaneous attack with his maritime force 
on New York, to form a junction which should sever the communication of the 
States; " the House of Assembly find ample cause of congratulation in the signal defeat 
of his land and naval forces at Plattsburgh, and ample cause of approbation of the 
measures pursued, and the powers exercised by your Excellency to defeat the daring 
purposes of the arrogant invader. 

" When, in addition to our former triumphs, it shall be announced in the Courts of 
European Monarchs, that a Brigadier-General of the American army, with not more 
than fifteen hundred effective regulars, and two Generals of Militia, commanding about 
three thousand men, suddenly brought together by the emergency of the time, sus- 
tained for hours the shock of a>well-appolnted British army of fourteen thousand men, 
and finally put them to discomfiture and to flight; and when to this it shall be added, 
that a Captain of the American Navy, at the same time, captured a whole British fleet, 
vastly superior in number of men, superior in number of guns and weight of metal— til* 
world will again be taught that imposing lesson, that a brave, a patriotic, and a higb- 



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104 Annual Report op the 

minded people, can never be subdued by the corrupting influence, or the embodied power, 
of any foreign nation. 

" Of the gallant and splendid exploit of Commodore Macdonough, and his associates 
in arms, the House of Assembly want words to express their admiration:— And they 
assure your Excellency, that they will not fall promptly to express " their high sense 
of the illustrious services of those brave men " in a manner consistent with the dignity 
of the state, and with the character and feelings of those heroic defenders of their 
country's flag. 

" In the list of naval worthies, the gallant Porter greatly contending against superior 
force, and against treachery unexampled, and Warrington and Blakely, successful in 
equal contest, are entitled to the warm gratitude of their country. 

" It is with the liveliest emotions of pride and pleasure that we turn, with your Ex- 
cellency, to that theatre of renown, the Niagara frontier. Since the opening of the cam- 
paign in that quarter, a brilliant succession of skilful and heroic exploits has gilded 
our horizon, and has shed beams of brightest effulgence upon the characters of Brown, 
Scott, Porter, Gaines and Ripley, and the companions of their fame. They have mani- 
fested to the world, that the victorious legions of Lord Wellington cannot successfully 
contend with the prowess of our hardy freemen, nor defeat the well-digested plans of 
our military commanders. And, while they have gathered for themselves deathless and 
unfading laurels, they have retrieved and re-established our character, as a nation, for 
deeds of martial heroism. 

" At this eventful era, when perils thicken around us, and when every real patriot 
anxiously looks about him not only for the means of common safety, but also for the 
means of bringing to a glorious termination this great contest for our essential rights, 
and of perpetuating our dear-bought liberties— when, with feelings of shame for the 
degradation of human nature, we behold a ruthless and vandal enemy, in violation of 
the most sacred rules of civilized warfare, destroying " monuments of art " and models 
of taste which lately adorned our capital— and heart of our country— it well becomes the 
House of Assembly of the great and powerful state of New York, to use every effort so 
to concentrate her resources, and direct her energies, as to meet with successful firm- 
ness, the events that may await us. And we cannot forbear to embrace the occasion of 
this address, to tender to your Excellency, in behalf of our constituents, the assurance 
of the high degree of approbation with which we have witnessed the indefatigable in- 
dustry, and unceasing and vigilant exertions of your Excellency, in placing the exposed 
points of our frontier in a respectable attitude of defence, and in providing and organis- 
ing our patriotic militia forces, as far as was practicable, for the exigencies which have 
occurred. 

" We most cordially concur with your Excellency in awarding to the patient endur- 
ance, good conduct, and patriotism of our militia the Just tribute of our praise. The 
late battles at Plattsburgh and at Erie bear ample and honorable testimony to their 
usefulness and merits. They have hastened to scenes of danger, with an ardor and 
enthusiasm which belongs only to freemen. 

" But while the House of Assembly highly approve of the patriotic spirit, by which the 
militia of this state have been uniformly actuated; they do not hesitate to declare, that 
the burthen Imposed upon them, by " existing laws " is unreasonably grievous; and they 
recur with satisfaction to the repeated solicitations of your Excellency for their relief. 
During the last and the present campaign, we have often seen the father of a numerous 
offspring, and the sons of helpless parents, who had nothing but their liberties to lose, 
and nothing but their families to protect, suddenly called away from those who looked 
to them for daily sustenance, into the service of their country, to protect and defend 
the families and the princely possessions of the affluent and the legally exempt. The 
palpable injustice of such a system, in its operation on " the poorer classes of com- 
munity," powerfully impresses the mind not only with the propriety, but also with 
the absolute necessity, of converting the wealth of our population into a source of 
supply for the common defence. 

" Possessing an extent of territory and an aggregate of wealth hardly surpassed by 



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State Historian. 105 

any state in the Union— a population exceeding any other, and of all others the most 
extended and most assailable line of frontier, our safety imperiously requires that our 
means of resistance should correspond with the magnitude of the danger to which we 
are exposed. To effect this desirable purpose, by providing for the common defence of 
the state and nation, well organized and efficient corps of uniformed troops, answering, 
in numbers, to Jthe population and resources of the state, and to the exigencies of the 
crisis— shall be the leading object of our deliberations. And we have full confidence in 
the opinion, that, by adopting at this Juncture, a wise, a liberal, and an enlarged policy 
in relation to the war, it will be in the power of the state to relieve the militia from 
the hasty and oppressive levies to which they have been subjected— to substitute, in their 
stead, a less expensive and more formidable force— and to secure to hereelf that high 
character for munificence and public spirit, which she has already acquired, and Is 
emulous to preserve. 

" The House of Assembly, with unmingled emotions of pleasure, reciprocate the con- 
gratulations of your Excellency, on the " unanimity and patriotic spirit " which seems 
to actuate every breast. They observe, with proud satisfaction, the union of sentiment 
and concert of action which characterize the present time. And they see, in the blaze 
of patriotism which has been re-kindled by the wrongs we suffer, a light which cannot 
fail to conduct the People of the United States to the most auspicious and glorious 
destinies." 

The Legislature of 1815 started in promptly with supporting 
measures for the State and National governments aggressive pros- 
ecution of the war, but the patriotism thus displayed was rend- 
ered unnecessary by an untoward event. New York city has 
witnessed many thrilling and exciting scenes, but never in all its 
history were her sensations so rapturously played upon as on 
that cool Saturday evening, February 11, 1815, when a small 
boat landed from the British sloop of war Favorite, which passed 
through Sandy Hook and the Narrows that day, bearing the glad 
tidings that the treaty of peace had been ratified by the English 
government. The news was as unexpected as it was joyous. The 
people rushed through the streets crying "Peace!" "Peace!"; they 
hugged one another in their ecstacy. The whole town resolved 
itself into one grand jollification. The effect upon business was 
instantaneous. Prices dropped with a smash; sugar from $26 
a hundred weight to $12.50; tea and flour in proportion. All 
commercial and manufacturing enterprises bounded forward 
with an elasticity that bewildered the conservative merchant of 
old New York; that old New York that by increased immigra- 



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106 Annual Report op the 

tion and the opening of the Erie canal was destined in a few 
years to pass away forever. 

It was but natural that at the expiration of Mr. Madison's 
second term in the White House, Governor Tompkins should 
aspire to the Presidency. He had within his grasp the material 
to secure the indorsement of the representatives of his own State. 
A resolution, therefore, was unanimously adopted in the month 
of February, 1816, by the Republican members of the New York 
Legislature, instructing the senators and representatives in Con- 
gress to use all proper efforts to secure his nomination. But, in 
the caucu's which was held on March 18, Mr. Monroe of Virginia, 
was the successful competitor. Not a vote south of the Potomac 
was cast in the caucus for Governor Tompkins. He was, how- 
ever, rewarded by the nomination for Vice-President. The 
reason advanced by southern congressmen for not favoring him 
for the first place on the ticket was that he was not sufficiently 
well known to their constituents. But many of his friends as- 
serted that the treachery of a number of prominent northern Re- 
publicans exercised considerable influence in his defeat for the 
nomination. His well known hostility to slavery no doubt preju- 
diced the southern members of Congress against him. 

Although elected Vice-President of the United States, he con- 
tinued to exercise the functions of the office of Governor until 
the close of February, 1817, when he resigned. One of his con- 
cluding acts as Governor, was a special message to the Legis- 
lature, urgently recommending the entire abolition of slavery in 
this State, to take effect July 4th, 1827. The recommendation 
was approved and the bill in conformity with the Governor's sug- 
gestion was passed. The original law for the abolition of slavery 
in this State passed the Legislature in 1799, and provided that on 



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Stats Historian. 107 

and after July 5th, 1799, all persons born of parents who were 
slaves should be free — males at the age of twenty-eight and 
females at the age of twenty-five, but Governor Tompkins' recom- 
mendation cleared the pages of history of New York State of this 
curse forever. 

With the attainment of the distinguished honor of Vice-Presi- 
dent of the United States, Governor Tompkins' trials were only 
to begin. The superb services he had rendered the State and the 
Nation were to be by a large portion of the citizens of the coun- 
try overlooked and the charge that he was a defaulter was ac- 
cepted before he had an opportunity to be heard. During the 
progress of the war he occupied more offices at one time than any 
other man in the history of the government. He was not only 
Governor of the State of New York, and commander of all the 
forces of the State, but paymaster, quartermaster, commissary, 
commander of the Third United States Military District and gen- 
eral disbursing agent for the State of New York and for the 
United States. During the three years of the war he disbursed 
more than three millions of dollars, of which one million was for 
the State and two millions were for the United States. In less 
than forty days, without assistance and money from the National 
government, he mustered into the field at various points of dan- 
ger in New York, 50,000 men who were organized, armed and 
equipped; and in less than sixty days, when the credit of the 
National government was absolutely gone, he raised $1,000,000 
for the public service and made himself personally liable 
for the entire amount. When he took his oath of office as Vice- 
President, his accounts with the State had not been settled, and 
on the ledgers of the Comptroller's office he was made to appear 
as a defaulter to the amount of $120,000. 



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108 Annual Report op the 

The whole difficulty seems to have been due to his lack of busi- 
ness training and of systematic habits. Busy man as he had 
been during the progress of the war, he had failed in many in- 
stances to take vouchers; and for want of this necessary evidence 
the Comptroller, Archibald -Mclntyre of Albany, who had been 
longer in service than any Comptroller in the history of the 
State, and who was an honest, fearless man, refused to audit the 
Governor's accounts and rejected a large number of items. The 
Governor claimed, and his friends supported him heartily and 
enthusiastically in this contention, that he had honestly dis- 
bursed every dollar that had been committed to his care, and 
that whatever mistakes he might have made were due to hia 
want of business habits. The controversy between him and the 
Comptroller ranged over a period of several months. 

In 1819, a joint committee of the Senate and Assembly 
took charge of the Governor's accounts. The Governor 
had admitted that the balance against him was $120,000, and 
represented the premium on the money claimed to have been 
borrowed by him to be an average of 10 per cent. Colonel George 
R. Davis of Rensselaer, from the joint committee, made a report 
to the Legislature from which the following is taken: 

The abstracts of charges furnished by his late Excellency Governor Tompkins, at 
stated in the Comptroller's report, appears on examination to consist: 

1st. Of 61 items of wrong and double charges, and charges heretofore 
audited and allowed, amounting in the aggregate, as will be seen in 
Schedule A, herewith furnished, to $131,609 »«Vfr 

M. Of 14 items, which, in the opinion of your committee, ought to have 
been charged to, and paid by the government of the United States, 
amounting, as will be seen in Schedule B, to 1,833 52 

Sd. Of 20 items, purporting to be advances or payments, but which are 
unsupported by vouchers at all, or only by irregular vouchers, 
amounting, as will be seen by Schedule C, to 13,550 17 

4th. Of 10 items, which do not specify the purposes for which they were 
made, and may be for the private account of the late Governor, 
amounting, as will be seen by Schedule D, to 4,883 65- 



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State Historian. 109 

ftth. Of 51 Items, for purposes unauthorized by law, and which were prob- 
ably for the Individual account of the late Governor, amounting, as 
will be seen by Schedule B, to 15,051 25 

tth. Of 100 items, for advances made on unsettled accounts or contracts, 

amounting, as will be seen by Schedule F, to 405,688 95ft 

7th. Of one item, which should have been adjusted at the court of ex- 
chequer, as will be seen by Schedule Q 150 00 

Your committee further report, that from the report of the Comptroller, at the last 
session of the Legislature, Governor Tompkins stands charged on the general account 
current, between him and this state, with a balance of $197,297.64; but from the report 
of the Comptroller, of date the 17th day of February last, it appears, that sundry 
credits have been ascertained and given since tHat time, which have reduced the said 
balance of $197,297.64, to $190,559.48; but that the aggregate of the suspended charges 
have been reduced by the transfer of sundry items from the suspended to the rejected 
column, for causes assigned by the said Comptroller in his said last mentioned report, 
and which are satisfactory to your committee, amounting to $7,420.89. So that if all 
the suspended charges were now passed to the late Governor's credit, the balance would 
be $54,534.04, but as many of the suspended charges are clearly objectionable, and others 
have been charged and allowed by the general government to the late Governor, as 
appears from the correspondence between the chairman of your committee and Colonel 
Pell, copies of which are herewith submitted, as also from the communications of the 
late Governor himself, to your committee, the amount of the susoended items will be 
considerably lessened, that are chargeable to the state. 

Your committee think it however but justice to the character of the late Governor, 
to state, that the large amount of double and other charges in the report of the Comp- 
troller, which may be deemed improper, is attributable to the fact, that the late Gover- 
nor delivered over to the Comptroller, all his vouchers and documents, in relation to 
his accounts against the state, without order or arrangement, relying upon an intimation 
of the Comptroller, that he would examine, assort, and pass only such to his credit, as 
should be found on investigation, not to have been previously allowed, or not properly 
chargeable to the state. In making this explanation, your committee do not mean to 
be understood, as imputing any censure whatever on the faithful and intelligent officer 
who made the report. In making that report, he did no more than act in obedience 
to the resolution of the house, calling on him for the report. 

And your committee further reports, that It appears from the report of Cadwallader 
D. Colden and Robert Bogardus, Esquires, two of the commissioners appointed by the 
concurrent resolution of the Senate and Assembly, at the last session of the Legislature, 
to the Comptroller, and communicated to this house, that the said commissioners have 
not executed the duties of their appointment, from an impression, that Mr. Bayard's 
having declined acting, superceded the authority of all the commissioners; but notwith- 
standing the time had elapsed, within which, according to the terms of the resolution, 
that report ought to have been made, the said commissioners submitted to the Comp- 
troller, in the report aforesaid, their ideas on the merits of the matters referrred to 
them, to the end, that they might be communicated to the Legislature, if he should think 
proper. Your committee have examined the said report, and the reasons of the said 
commissioners, in favor of the various items recommended by them to be allowed to the 
late Governor, and however fully satisfied they may be of the justice and equity of 
these items, as claims against the United States, they cannot discover the legality of 
those claims upon this state. 

Among the allowances recommended, however, there is one arising upon monies bor- 
rowed upon the personal responsibility of the late Governor for the general government, 
and for the purposes of paying and supplying the forces called out for the defence of 
this state, and to pay the demands of the officers and citizens of this state, for public 
services. These loans were made at the time when the credit of the general govern- 
ment was exhausted, and when they were obliged to borrow current money at a large 



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110 Annual Report op the 

discount or premium, and as these loans were generally paid, as the committee are 
informed and believe, either in current money or in depreciated Treasury notes, which 
depreciation has been charged by the United States against the late Governor, the com- 
mittee deem it no more than equitable, that the like premium paid by the general 
government for current money, at the several times the said loans were made by the 
late Governor, should be allowed to him, not on the ground of his having any legal 
claim to this allowance from this state, but on the ground that this state reaped the 
benefit of the services for which this money was paid, and that nothing has been allowed 
or received by him from the general government, on this account, although the Justice 
and equity of his claim upon them is palpable, he having In this business acted as their 
agent or officer, with full and unlimited powers. 

And the committee are the more inclined to make this allowance, from the circum- 
stance, that this state has in its possession the means of indemnity from the general 
government, which the late Governor has not 

The committee, therefore, for the purpose of facilitating the final settlement of the 
said accounts, recommend that the Comptroller be directed to credit Daniel D. Tomp- 
kins, late Governor of this state, for all such sums of money as may be made satis- 
factorily to appear to him were advanced, expended, or paid, by the late Governor, for 
or on account of any public services, authorized by law, and that the Comptroller charge 
such sums to the several persons to whom those advances have been made, with the 
amount stated in such allowances to the late Governor; and that the Comptroller also 
credit and allow to the late Governor the same discount or premium on the current 
money borrowed and obtained by the late Governor, on his personal responsibility, and 
by him expended and disbursed in the public service, during the late war, as was 
allowed and paid to other individuals, or bodies corporate, for current money loaned 
of them by the government of the United States, in the certificates of stock or funded 
debt of the said government; and that the said Comptroller debit the government of the 
United States with the sum so allowed; and the committee have prepared a bill for 
this purpose, and directed their chairman to ask for leave to present the same. 

The bill was passed and the controversy between the Comp- 
troller and the Vice-President took a new phase upon the latter's 
statement to a friend in Albany that the premium on money that 
he had borrowed would average 24 per cent. To complicate 
further the situation, the steadily growing hostility against De- 
Witt Clinton in the State had led many of his enemies to believe 
that Vice-President Tompkins was the only man with strength 
enough to defeat him for the office of Governor, for which Clinton 
had been renominated in 1820. Vice-President Tompkins, in an 
unguarded moment, was persuaded to enter the field against his 
old-time friend. Inasmuch as the Vice-President's accounts had 
not been adjusted and the controversy between him and the 
Comptroller, Mclntyre, who was an ardent Clinton man, was at 
its climax, the followers of DeWitt Clinton, ugly and vindictive. 



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State Historian. Ill 

made the most of the charge that the Vice-President was a de- 
faulter. This of course, militated very seriously against him 
and cost him many votes and the election. The Clinton people 
were in control of the Legislature in 1820, and sustained the 
Comptroller in the attitude that he had assumed against the 
Vice-President. 

Finally, in 1821, a law. was passed authorizing the accounts to 
be settled on Vice-President Tompkins' executing a release to the 
State of his claim for all commissions. 

Later he was compelled to bring suit against the Govern- 
ment for the sum of $130,000, and the jury awarded a verdict 
in his favor. A bill was introduced in Congress to give him 
restitution. It was ordered that the question should first be 
submitted to the Secretary of the Treasury, and was to be 
only finally determined after the President of the United 
States had expressed his judgment. When the bill was brought 
in the House in Committee of the Whole, in December, 1823, a 
member from Tennessee arose and made a motion to strike out 
the enacting clause. Mr. Louis McLane of Delaware, chairman 
of the committee, said that the position of the gentleman was not 
a surprise when the House considered the ground of it. This 
was not the case of the individual asking of the House a gratuity 
or unauthorized allowance, but asking them to do what Con- 
gress was already obliged to. The services of the individual 
whose claim was now under consideration could not now be un- 
known to any gentleman here. "We all know his services," said 
Mr. McLane, "which at a very dark and gloomy period were ex- 
ceedingly patriotic to his country and disinterested. We all 
know that at a moment when others were husbanding their funds 
or dealing them out with a very scanty hand, this man risked 



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112 Annual Report op the 

everything for the public cause and staked his private fortune in 
its support. It is to services thus rendered that his present em- 
barrassments may be traced. In consequence of them he now 
calls on his country, not for charity but for justice." 

Vice-President Tompkins found a sturdy champion in Henry 
Clay, who was then Speaker of the House, and who took the floor 
in behalf of the bill. Mr. Clay said it was entirely unnecessary 
for the friends of the Vice-President to refer to the public ser- 
vices, eminent as they had been, of the distinguished gentleman 
in question. This was not a fit occasion to introduce them. Not 
only were those accounts to be submitted to the severe scrutiny 
of the most rigid officer of this Government — an officer whose 
scrupulous accuracy in the admission of accounts against the 
Government is as deservedly approved as it is universally 
known ; but after they had gone through the crucible, after they 
had been subjected to all the jealous scrutiny of this vigilant 
officer, they are to be submitted to the President for revisal. The 
President revises them and then he sends to this House a mes- 
sage, in which he declares not only that he is satisfied that this 
balance is justly due, but that much more is due to him. 

The matter, however, was held in abeyance until 1824, the 
House of Representatives having referred back the accounts and 
claims to be settled on the principles established by report of the 
commission that had them under consideration. April 28, 1824, 
President Monroe sent a message to the House, in which he re- 
ported that in the matter of interest on Governor Tompkins' ad- 
vances for the public, the Vice-President was allowed $14,438.68; 
second, as a reasonable commission for his disbursements during 
the war, he was allowed 5 per cent, on the whole sum disbursed 
bv him, amounting to $92,213.13. "I have made him this extra 



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State Historian. 113 

allowance," said the President, "in consideration of the aid which 
he afforded to the Government at that important epoch, in ob- 
taining the loan of a considerable part of the sums thus dis- 
bursed." 

" As an indemnity for losses sustained by him in consequence 
of the failure of the Government to fulfil its engagements, to 
send him money or treasury notes within the time specified, he 
was allowed $4,411.25. 

" No allowance was made for losses sustained by him by any 
frauds or failures of sub-agents. From the amount thus allowed 
him, after deducting the sum paid him under the act of the 
present session, and the moneys charged to his account, there 
will remain a balance due him of $60,238.46." 

In conclusion the President said: "I think proper to add, that 
the official relation which I bore to Governor Tompkins at that 
very interesting epoch under the highly distinguished and meri- 
torious citizen under whom we both served, enabling me to feel 
very sensibly the value of his services, excites a strong interest in 
his favor which I deem it not improper to express." 

In conclusion it is only necessary to say that as late as 1847, 
the Government was indebted to him to the amount of $40,000. 

The last public honor conferred on him by his faithful con- 
stituents of Richmond county was his election to the State Con- 
stitutional Convention of 1821. Over this body he presided. He 
had suffered keenly, mentally, from the cloud which had hovered 
over him for so many years, and unfortunately yielded to tempta- 
tions that increased as the years went on. 

February 1st, 1822, he wrote to his friend, Rufus King, who 
was then one of the senators from New York State, and stated 



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114 Annual Report of the 

that his health had suffered so much that as soon as the weather 
and the State of the roads would permit, he desired to return to 
his family, and he requested the senator to communicate thi» 
determination to the Senate. He was excused, and the Hon- 
orable James Oaillard of South Carolina, was elected President 
pro tern., and served as such until March 3rd, 1825, when the 
Senate tendered him the vote of thanks that usually is accorded 
the Vice-President himself. 

The only occasion when the Vice-President again appeared in 
the Senate Chamber was at the reassembling of Congress, De- 
cember 2d, 1822. He died June 11, 1825. His last days were- 
marked by fits of melancholy. 

Governor Tompkins' State papers indicate the possession of a 
remarkably well-balanced, self-controlled and judicial mind. 
They stand conspicuous for perspicuity, strength of expression 
and a pure vocabulary. 

The late Henry B. Dawson, a distinguished historical writer 
and a great admirer of Governor Tompkins, has this to say of hi* 
State papers: 

"I say without hesitation that there is nothing in the country 
to be compared with them for importance concerning the war of 
1812, and the crowning part which New York with her Governor 
bore in that conflict, can nowhere else be seen. The United States, 
were dependent on the personal indorsement of that same Gov- 
ernor to the Bank of America for the money which they could 
not provide anywhere else; and after all, those same United 
States* permitted its paper to go to protest on that occasion, and 
the Governor's private property was sold by the sheriff, it having 
been the bank's security for that Federal loan. Mrs. Tompkins^ 
three days after her confinement, was carried out of her home oa 



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State Historian. 115 

her bed, and laid in the street with her infant a few days old, by 
the sheriff's officers penniless and homeless. The officers and crew 
of the United States revenue cutter then lying off Staten Island, 
who had witnessed the barbarism of the law, picked up the bed, 
the mother, and the babe, and carried them on board the 
cutter. 

"Not until the past few years was the principal sum of that 
debt paid to the Governor's children. The interest was never 
paid; and the property which was wrested from him by the 
sheriff to pay what he had borrowed for the United States, i* 
to-day worth millions." 

The pecuniary embarrassments from which Governor Tomp- 
kins suffered during his latter days unquestionably hastened his 
death. In his letter to Comptroller Mclntyre in 1819, he wrote: 

"By what act of my life, either public or private, have I for- 
feited the right to the same equity and justice which would be 
freely dispensed to any other citizen? Of thanks, sir, I have 
had enough; of the confidence, affection, and support of the peo- 
ple, the army, the navy, and militia, more than I merited; of 
factions, opposition, calumny, detraction and abuse, an unexam- 
pled portion; — but of remuneration, indemnity, equity or jus- 
tice, nothing." 

And what can be more pathetic than the following language: 

"I have not only been defeated in my expectations of the per- 
formance of the public faith, but have been traduced and calum- 
niated for years throughout this community as a villain and 
swindler, merely because I could not perform the engagements I 
had made, owing to the non-performance of the pledges of the 
government to me. * * * They have had no cares to 
encounter, no prison to brave, no family to weep over, no sor- 



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116 Annual Report of the State Historian. 

rows to afflict them. But to me, for the toilsome days, sleepless 
nights, anxious cares, domestic bereavements, impaired constitu- 
tion, debilitated body, unjust abuse and censure, and accumu- 
lated pecuniary embarrassments, nothing is yielded; — for which 
treatment, permit me to say, sir, the whole treasury of the coun- 
try can never atone." 

In his younger days, before his financial difficulties over- 
whelmed him, he was genial, whole-souled and affable to all, 
and while always dignified, appeared to be unconscious of his 
greatness or the greatness of the position which he held. The 
fact that many of his most virulent opponents believed him to be 
innocent of all wrong-doing and guilty only of carelessness and 
ignorance of business methods, would indicate the purity of his 
character, and the respect in which he was held by the people 
and the affection which they had for him. He is buried in 
St. Mark's churchyard, New York city. The only monument to his 
memory, erected by friend or the State or the Nation in whose be- 
half he devoted the best years of his life, and to maintain whose 
credit, honor and position among the Nations of the earth, he for- 
feited his credit, surrendered his fortune and died a bankrupt, is 
the profile bas relief recently cut in one of the corbels of the great 
Western Staircase of the Capitol at Albany. 

HUGH HASTINGS, 

' State Historian. 



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Part I. 

Military Papers From 1800 to 

181 2. 



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V 

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1 

V 



JOHN JAY, GOVERNOR. 
General Orders. Albany, 8th March, 1800. 

In council, Resolved that all Adjutants of Regiments and 
who by Law have rank of Lieutenants shall be promoted 
to the Rank ' of all superior grades successively in the Regi- 
ment, according to the dates of their prior Commissions of 
Lieutenants or Captains in the Brigade in case they shall have 
such prior Commissions; and when an Adjutant shall rank as 
eldest Captain and the place of second Major be vacant he 
shall if in other respects proper and qualified on the principal 
of senior Rank be appointed to fill that vacancy, and take Com- 
mand accordingly. 

Resolved, that in all cases where a Quarter or Paymaster has 
been or shall be taken from among the Commissioned Officers 
of the line he shall on the principal of rank have the same title 
to promotion as if he had remained in the line. 

Extract from the minutes of the Council. 



A CALL FOR THE GENERAL RETURNS. 

G. O.: Headquarters, April 9th, 1801. 

The Commander in Chief directs that all the returns of 
the Vacancies of Officers, Strenght (?) of the Regiments or Sep- 
erate(?) Battalions, their arms, accoutrements, &c, in the 
Malitia (?) of this State be made to the Brigadier General or 
Officer Commanding the Brigade to which such Regiment or 
Seperate(?) Battalion is attached; who will cause the Brigade 
Inspector to make an aggregate thereof, (agreeable to the forms 
prescribed) before the annual Stated meeting of the Legislature 
and forward it to this office — none will be received but what 
are made through this channel. All resignations must be made 



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118 Annual Report of the 

to the Major Generals, agreeable to Law, those made to the 
Contrary, will be Considered informal and cannot be received. 
By order of his Excellency: 



ORGANIZATION OF THE FIRST LIGHT INFANTRY. 

O. O.: Headquarters,* 

The uniformed Companies of General Boyd's Brigade hav- 
ing solicited to be formed into a Regiment with the approbation 
of their Brigade Commander, it is Order'd that the said Com- 
panies be accordingly formed into a Regiment to be denominated 
the first Light Infantry, and that the feild (?) and staff assigned 
by the said General are the feild (?) and staff of said Regiment, 
Vizt. 
By Order of His Excellency: 

Sol. Van Rensselaer, Adjt. Genl. 



INDISPOSITION PREVENTS THE ADJUTANT GENERAL FROM MAKING 

RETURNS. 

Adjutant-General's Office, 

Albany, February 10th, 1801. 

Sir:— 

The low state of health of the late Adjutant General prevents 
him from making a return of the Public Papers attached to this 
Office, this circumstance causes my delaying to report to the 
Commander in Chief, the State of the Militia until new returns 
can be obtained, you will therefore please to forward to me as 
early as possible, returns of the Division of Militia, under your 
Command. 

By order of the Commander in Chief: 

Sol Van Rensselaer, Adjt. Genl. 
Major Genl. Mich'1 Myers. 

•Not Included in the papers of Daniel D. Tompkins. Taken from the General Orders 
of the Adjutant-General's office, 

8TATB HISTORIAN. 



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State Historian. 119 

GEORGE CLINTON, GOVERNOR. 

General Orders. City of Albany, December 16th, 1801. 

The Court Martial (whereof Brigadier-General (George) Doo- 
little was President) Instituted by Major General (Michael) 
Myers commanding the fifth Division of the Militia of the State 
for the Trial of Lieutenant Colonel Benjamin Hovey* on the 
following charges: 

1st, For openly and Intentionally violating the Orders of the 
Commander in Chief of the first of April, 1801; 

* Under the law passed April 4, 1782, by the New York Legislature, entitled " An Act 
to regulate the Militia," the rank of Colonel, was abolished by Section 4, which reads: 

" That in case of the death, resignation or other inability, to serve of any Colonel 
now commanding a regiment, no Colonel shall thereafter be appointed thereto. That 
such regiment and all others not now commanded by a Colonel shall henceforth be 
commanded by a Lieutenant-Colonel." 

By Chapter 25, Laws of 1786, it was provided, " That each regiment shall be com- 
manded by three field officers, viz.: One Lieutenant-Colonel Commandant and two 
Majors." 

May 8, 1792, the Congress of the United States passed an Act, " More Effectually to 
Provide for the National Defence by Establishing a Uniform Militia Throughout the 
United States," in which the provision was made: " That the said militia shall be 
officered by the representative states as follows: • • • ; to each regiment one 
Lieutenant-Colonel Commandant." This Act was re-enacted and put in force in New 
York State by Chapter 45, passed March 9, 1793. All subsequent State militia legislation 
was based upon the United States Act of 1792 for many years. 

The Lieutenant-Colonel Commandant continued as the ranking officer all through the 
War of 1812, and until May 1st, 1816, when the 14th Congress passed an Act which is 
known as " Chapter 64," in which it was provided: " That from and after the first 
day of May next instead of one Lieutenant-Colonel, Commandant to each regiment, 
• • • there shall be one Colonel, one Lieutenant-Colonel, and one Major to each 
regiment of militia." 

July 8, 1816, the Council of Appointment of New York adopted the following resolu- 
tions: 

" Resolved that the several persons now holding the Commission of Lieutenant- 
Colonel in the several regiments of Infantry, Artillery, Cavalry, Horse Artillery and 
Riflemen of this State be deemed and respected as Colonels from and after the first day 
•of May next and that their relative rank as colonels shall be the same as their present 
rank. That all first Majors be deemed and respected as Lieutenant-Colonels and shall 
have the same relative rank as Lieutenant-Colonels which they now have as first 
Majors and the said Lieutenant-Colonels and first Majors are hereby respectively ap- 
-pointed to said offices with such relative rank accordingly. 

" Resolved that the Adjutant-General forthwith cause a list or roster of the Lieuten- 
ant-Colonels and first Majors embraced in the preceding Resolutions, with the dates of 
their respective Commissions, to be made out, certified and filed in the office of the 
"Secretary of State and that the Secretary issue new commissions to them as Colonels 
and Lieutenant-Colonels respectively with rank from the dates of their present Com- 
missions according to the Act of Congress passed 20th April, 1816." 

STATE HISTORIAN. 



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120 Annual Report of the 

2nd, For neglecting his Duty and publicly disobeying and con- 
temning Brigadier-General (Jonathan) Forman's Orders of the 
20th of April, 1801, having found him guilty and sentenced him to 
be removed from that office and the sentence being approved by 
Major General Myers, was appealed from by Lieutenant Col'l 
Hovey to the Commander in Chief to whom the proceedings of 
the said Court have been transmitted. 

On this appeal, the Commander in Chief has examined the pro- 
ceedings of the said Court with that care anS attention which 
his Duty and disposition to enforce a due obedience from the 
subordinate officers of the Militia to their superiors in command, 
and the important consequences affecting the Officer who is the 
object of those proceedings could not fail to excite. 

The opinion resulting from this review requires that the lead- 
ing circumstances on which it was founded should be detailed, 
as well to prevent the repetition of irregularities similar to those 
occurring in this Case as to admonish the Officers to whom sen- 
tences of Courts martial are by Law submitted of their Duty 
carefully to examine the proceedings before they pronounce their 
determination on them. 

It is with some concern the Commander in Chief has remarked 
that instead of stating in these proceedings the interrogatories 
put to the Witness and his answers, in the form which has been 
well established by long and uniform practice the substance of 
the Testimony has merely been inserted. 

From the proceedings of the Court it appears that Major Ray 
was the only Witness produced at the Trial in support of the 
Charges; that he delivered to James Glover Esq'r a letter writ- 
ten by General Forman which contained the Orders of the Com- 
mander in Chief dated April 1, 1801 the Copy of which Letter is 



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State Historian. 121 

annexed to the proceedings, and referred to, and marked E, with- 
out stating to whom the said Letter was directed, or when the 
same was so delivered; that he afterwards saw in the hands of 
Lieutenant Col. Hovey, but without stating when the letter 
which he gave to Mr. Glover, but did not know that the Orders 
ever came to the hands of Lieutenant Col. Hovey. That he heard 
Lieutenant Col. Hovey say that he should not obey the Orders or 
that he should not pay any attention to them, but without stat- 
ing at what time or under what Circumstances this happened or 
to what orders these expressions alluded. 

That in addition to this evidence a paper was produced to the 
Court by General Forman as a Letter from Lieutenant Col. Hovey 
to Major Ray, dated the 19th May, 1801, which paper is also an- 
nexed to the proceedings of the Court and referred to as marked 
P, without any proof or admission relative to it. 

Upon examining the Papers referred to the Commander in Chief 
discovered that the Paper marked E, and referred to in Major 
Ray's Testimony as containing the Orders of the Commander in 
Chief, of the 1st of April purports to be Brigade Orders of the 
19th of that Month by which General Forman, among other things 
directs Lieutenant Col. Hovey to parade his regiment on the 8th 
of June following and that the Orders of the Commander in Chief 
do not appear in any part of the said proceedings, other than by a 
general reference to them in such Brigade orders without particu- 
larizing their import and that the letter referred to as Lieut't Col. 
Hovey's, instead of being an Original, imports to be a Copy of a 
Letter from Lieut't Col. Hovey to Major Ray and certified to be 
such by the latter. 

It also appears from these proceedings that the Orders for Con- 
vening a Court Martial for the trial of Lieut. Col. Hovey preceded 



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122 Annual Report op the 

the notification to him of his arrest and a service of a Copy of the 
Charges on which it was founded. That the Charges on which he 
was tried, varied from those, a copy of which was served on him. 

That his application for an adjournment because he had only 
six days after the notification of his intended trial to prepare him- 
self, because his witnesses lived in other Counties and the place 
of abode of the President of the Court Martial was sixty miles^ 
distant from his own so as to prevent him from procuring pre- 
cepts in time to compel their attendance, with the addition of hia- 
Oath that their testimony was material, was over-ruled. 

1st, Because it was unprecedented; 

2d, Because it appeared that the evidence in \ support of the- 
Charges was such that if such an adjournment was granted it 
would be out of the power of Lieut. Col. Hovey to exculpate him- 
self from the charges. 

The Act to Organize the Militia of this State directs that if any 
officer shall be arrested by virtue of this Act, the Charges shall- 
be particularly set forth in writing, and signed by the arresting: 
officer, a copy whereof shall be delivered to such officer so arrested,, 
or left at his usual place of abode, within three days after such* 
arrest; and the person so arrested shall not be held' to answer to- 
any matter whatsoever not set forth in such charge, and by the 
Act entitled " An Act further to amend the Laws relative to the 
Militia of this State " It is provided that it shall be the duty of 
the Officer directed by Law, to Order any Court Martial for the 
trial of Officers to Order the same within thirty days after receive 
ing a Copy of the arrest and the Charges on which the arrest i» 
made. > 

Upon comparing the proceedings of this Court Martial with the 
directions contained in the preceding extracts of the Militia Law* 



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State Historian. 123 

and testing them by the general principles of Justice, the Com- 
mander in Chief is decidedly of opinion: 

" That the issuing of an Order for the Convening of a Court 
Martial to try an Officer on an Arrest before the Arrest is actually 
made and a Copy of the Charges on which it is founded delivered 
to such Officer or left at his usual place of abode, as well as the 
trial of such Officer on charges varying from those so served on 
him is illegal and improper. That a general charge of disobedi- 
ence of Orders without stating the Import of them or the precise 
point of duty on which the charge is founded, is insufficient and 
contrary to Law. 

" That the reason assigned by the Court Martial for refusing an 
adjournment when application was made in the usual way sup- 
ported by an Oath, are repugnant to Justice, incorrect and unten- 
able; for aught that appears if an adjournment had taken place 
Lieut't Col. Hovey might have shewn a compliance with the 
orders, which it is alleged he had disobeyed or have satisfactorily 
accounted for a breach of them which might have been unavoid- 
able and of Course not Criminal; and lastly, 

" That no evidence of the disobedience of any Order of the Com- 
mander in Chief of the 1st of April, nor of a Brigade order of the 
20th April of Brigadier-General Porman, appears to have been 
produced to the Courts, and that even if the Brigade order of the 
19th of that month was intended, it does not appear that it ever 
came to the hands of Lieutenant Col. Hovey, nor does it appear 
from the proceedings whatever might have been the truth of the 
Case, that it was not complied with; no proof having been made 
that he actually neglected his duty or disobeyed the orders. 

" For these reasons the Commander in Chief disapproves of the 



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124 Annual Report op the 

sentence, annuls it, and Orders Lieutenant Coll. Hovey discharged 
from his arrest." 

The Commander in Chief regrets that on this occasion he has 
presented to his view the appointment by Brigade Orders of three 
additional Brigade Majors or Brigade Judge-Advocates, and a 
Brigade Quartermaster, a measure which his duty compels him to 
discountenance as Injurious to the service, unauthorized by Law, 
and inconsistent with the Constitution of the State. 



CAPT. PHINEAS STEVENS APPEALS FROM THE SENTENCE OF A COURT 
MARTIAL WITH SUCCESS. 

General Orders: City of Albany, January 2d, 1802. 

On the appeal of Captain Phineas Stevens, of Lieutenant-Col- 
onel (John) Tillotson's regiment, in General (Benjamin) Ledyard's 
brigade, from the sentence of the general court-martial, whereof 
Lieut.-Col. (Wilhelmus) Mynderse was President, which was held 
at the village of Aurora, in the town of Scipio, on the 28th day of 
October last for his trial ; 

The Commander in Chief has examined the proceedings of said 
Court and observes with great regret from the Testimony which 
was before the Court that the Conduct of Captain Stevens justly 
subjected him to the imputation of disobedience of orders and 
other improprieties highly unbecoming in an officer, and more 
especially in one of his rank, and he should certainly approve of 
the proceedings of the Court Martial had the particular instance 
of his disobedience, neglect of Duty and unofficerlike conduct, 
been specified in the charges exhibited against him, and on such 
he was tried, but which does not appear to have been the case. 
It is a principle of Law recognized by the Act to Organize the 



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State Historian. 125 

Militia, that no person shall be found to answer to a charge un- 
less the same be defined with proper precision and certainty, 
without which a defence cannot be made but under great disad- 
vantages. 

The officers of the Militia are particularly interested in a rigid 
adherance to this provision. The proceedings of Courts Martial 
are in general more summary than in other Courts, and it is only 
by a timely notice of the particular charge which he is to be 
tried for, that the party arrested can prepare himself for his de- 
fence. In the present case it does not appear that Capt. Stevens 
was apprised what were the orders which were disobeyed, or in 
what respect he had been guilty of an unofficerlike conduct or 
neglect of duty, however exceptionable; therefore his conduct ap- 
peared to the Court who had but too much reason to recommend 
his removal. The Commander in Chief seeing that so salutary and 
important a provision in the Law has not been complied with, 
finds himself compelled to disapprove of the sentence of the said 
Court which is hereby annulled and the said Captain Stevens 
accordingly discharged from his arrest. 



AN OFFICIAL DISPUTE OVER ORDNANCE. 

Albany, 21st February, 1802. 
Sir:— 

Agreeable to your Excellency's directions I have examined the 
condition of the brass Ordnance in the city of Schenectady, and in 
the village of Lansingburgh. The two pieces (three-pounders) in 
the former place I found under the care of Capt. Teller who com- 
mands the Company of Artillery in that City, housed and in good 
Order with all the equipments Originally delivered complete and 
uninjured. I have, therefore, conformably to your Orders in such 
case, left them under his care for the use of his Company. 



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126 Annual Report op thb 

At Lansingburgh, I also found two Brass three pounders. These 
were in a Stable the harness partly covered with dung and with 
the other equipments (many of which are missing and others of 
them broken and injured) were in a ruinous condition. Under 
these circumstances I conceived it to be my duty, and, accordingly 
to your Excellency's intention, to have them removed from thence 
and deposited in the arsenal at Albany, but I found this imprac- 
ticable owing to the refusal of the Person, a Capt. (Joseph) 
Alexander, in whose possession they were, to deliver them to me 
without a Written Order from your Excellency for this purpose. 

I have therefore to request that you will be pleased to issue 
such Order that I may meet with no further difficulty on the 
subject. 

I have only to add that I am informed that altho' there are 
Officers for a Company of Artillery in this place, there are no 
privates nor has there been any parade for these two years past, 
so that it would be useless to leave these pieces in their present 
situation, even if better care were taken of them. 

I have the honor to be your Excellency's Most Obedient Servant, 

John McLean, Com'y MiPy Stores. 
(Commissary of Military Stores.) 
To His Excellency Gov'r Clinton. 

Adjutant-General's Office, February 28th, 1801. 
General Orders: 

You are requested to deliver the ordnance in your possession to 
Capt. Joseph Alexander of the Artillery in the Limits of your 
Regiment. 

By order of the Commander in Chief: 

Sol. Van Rensselaer, 

Adjt. General. 
Lieut. Col. Com't, Derick Lane. 

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State Historian. 127 

reaching for a high standard of discipline. 
General Orders: City of Albany, April 12th, 1802. 

Pursuant to an Act passed the last session of the Legislature, 
the Brigade Inspectors are in future to review and Inspect the 
Militia, composing their different Brigades, and the Commander 
in Chief wishing to give every accommodation of which this ar- 
rangement is susceptible, has thought proper to direct the Briga- 
dier Generals and officers commanding Brigades, to Order the 
Regiments, Companies of Artillery and Cavalry within their 
Brigades, to parade for the next Annual Review and Inspection 
on such days previous to the 15th of October as shall be most 
convenient for the Militia to attend. 

The Act above alluded to authorizes an increase of the fines for 
delinquencies, and the commanding Officers are to see that the 
different provisions of that Law are faithfully executed. 

The Commander in Chief, however, relying on the Patriotism 
and good sense of the Militia, flatters himself that few, if any, will 
be found so regardless of their duty as to incur penalties of the 
Law. The Brigade Inspectors are to make their Inspection 
returns to the Adjutant General, on or before the 30th of Novem- 
ber next, agreeable to the forms with which he is directed to 
furnish them, noting in such returns the Regiments and Com- 
panies which shall have made the most soldierly appearance on 
parade and best performed their duties, that merit may be known 
and appreciated by the Commander in Chief. 

Inconveniences have frequently been experienced for want of 
returns of the names, grades and relative rank of the officers of 
the different corps, especially in the making of appointments 
affecting rank; The Brigade Generals and Officers commanding 
Brigades are therefore requested to cause such returns to be made 



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128 Annual Report of the 

without delay and transmitted with the Annual Inspection re- 
turns to the Adjutant General, previously taking the necessary 
measures to have all disputes respecting rank determined. 

The Government of the United States having placed their 
principal reliance on the Militia, as the best and safest defence 
of our Country against hostile invasions, and a Knowledge of 
Military Tactics being indispensably necessary to enable them 
efficiently to execute the important trust reposed in them, the 
Commander in Chief, therefore, exhorts the Militia as they value 
the inestimable privileges they enjoy as citizens, to pay a strict 
and faithful attention to those duties which they owe to their 
country as soldiers; and he particularly recommends it to the 
officers to be diligent in acquiring a knowledge of military dis- 
cipline and in diffusing that knowledge through the body of the 
Militia by encouraging with their presence and example frequent 
voluntary meetings for the purpose of exercising in arms. 

The Commander in Chief also embraces this opportunity of 
recommending as far as may be practicable, uniformity of dress 
on field days not only as ornamental but highly conducive, to 
Order and discipline; and in those counties where the Riffle dress 
is substituted for the established uniform this measure instead 
of proving expensive, he is persuaded, will be found consistent 
with economy. 

The Adjutant General will make the necessary arrangements 
with the Commanding Officers of those Brigades at whose review 
and Inspection he is directed personally to attend. 



CAPT. DAVID LONG DISGRACED FOR CONDUCT UNBECOMING A SOLDIER. 

General Orders: City of Albany, March 4th, 1803. 

The Court Martial whereof Lieut. Col. Simeon De Rider was 
President, Ordered by Lieut. Colonel David Thomas, commandant 



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State Historian. 129 

of a Brigade of Militia, in the County of Washington for the trial 
of Capt David Long of said Brigade on the following charges: 

To David Long, Captain of a Company in a Regiment of Militia, 
in the County of Washington, lately commanded by Lieut. Col. 
David Thomas in the Brigade under my command. 

Sir:— 

You are hereby arrested, and the following charges are hereby 
exhibited against you, to wit: 

Charge 1st That the said David Long on the first day of Sep- 
tember last, past, at Salem, in said county being the day and 
place when and where the said Regiment was Ordered to parade 
for Review and Inspection by the commanding Officer of the said 
Brigade, did not march with the company then and there under 
his Command to the place in said Regiment which was assigned 
for the same by Major David Gray, Commandant thereof, when he 
was directed to do so by David Corswell, Adjutant of said Regi- 
ment, although the said Adjutant did inform him, the ^aid Cap- 
tain, that it was the orders of the said Major Gray; 

2nd, That the said Captain David Long, on the day and at the 
place aforesaid, did refuse or neglect to march the said company, 
or to order the said, company to march to the place in the said 
Regiment assigned for the same as aforesaid when Ordered or 
directed by the said Major Gray; 

3d, That the said Capt. David Long on the day and at the 
place aforesaid, (when the rear rank of said Regiment had taken 
distance and the officers had advanced in front and dressed on 
a line) did stand with one hand on the hilt of his sword and the 
point thereof on the ground, and did continue to hold his sword 
in that position while the Commander of the Brigade passed 

9 



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130 Annual Report of the 

along in front of the line of Officers in review of the said Regi- 
ment; x 

4th, That the said Capt. David Long on the day and at the 
place aforesaid, did refuse or neglect, to order the Plattoon under 
his command to carry arms when Ordered to do so by the Com- 
mandant of said Brigade. 

David Thomas, Lieut Co., Commd't, 

and Commandant of the Brigade. 
Salem, 30th October, 1802. 

And the Sentence is Approved by the Commander-in-chief. 
Having found him, the said Capt. David Long guilty of the 
several Charges and sentenced him to be removed from that 
Office, and the sentence being approved by the said Lieut't Col. 
David Thomas, as commandant of the said Brigade, was appealed 
from, by Captain Long, to the Commander in Chief, to whom the 
proceedings of the said Court have been transmitted, the Com- 
mander in Chief having on this appeal examined the proceedings 
of the said Court and finding them to be regular, and the Charges 
substantiated, has thought proper to confirm the said sentence 
and Orders it to be carried into execution. 

A Court Martial is Ordered for Him. 
Brigade Orders: Salem, November 1st, 1802. 

Lieut. Col. Simeon De Rider, Major John Mills, Captains David 
Rood, Andrew Lytle, William McLean, John Tomb, and Dyer 
Cleaveland, Lieutenants Robert Stuart, Moses Rice and John I. 
Campbell and Ensigns Stephen Robinson, William Russel and 
Solomon Root are appointed a Court Martial of which Lieut. Col. 
De Rider is President, for the trial of Captain David Long of the 
Regiment of Militia, lately Commanded by Lieut. Colon'l Thomas 



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State Historian. 131 

in the Brigade under my Command, to meet at the house of 

David Corswell in Salem, on Friday the 5th day of this Instant 

November, at nine o'clock in the forenoon of which you will take 

notice and govern yourselves accordingly. 

David Thomas, Lieut. Col., 

Comm't. and Comm't. of the Brigade. 

To Capt. David Long. 

Adjutant-General's Office, February 21st, 1803. 
Sir: 

You will please to deliver to Capt. Joseph Kirkland a six- 
pounder brass field piece, with the implements complete, taking 
the usual vouchers for the same. 

By order of his Excellency. 
(To) John McLean, Esq'r., , 

Comm'y MiPy Stores, N. York. 



GENERAL ORDER FOR THE ANNUAL REVIEW OF 1803. 

G. O.: Albany, April 20th, 1803. 

The Commander in Chief submits it to the Brigadier Generals 
and Officers commanding Brigades to appoint the time for the 
annual reviews and Inspections of their respective Brigades in 
order that the convenience of the Militia may be consulted. 

By an Act Passed the last session of the Legislature, the 
Brigadier Generals, and officers Commanding Brigades, are to 
attend the annual reviews and Inspections of their different Regi- 
ments and Corps to give such orders as shall appear to them 
best calculated to improve the system of Military discipline 
established by Law, and for improvement in Military exercise 
and manoeuvres and to give timely notice to the Major General 
of the Division to which they respectively belong, of the times 



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132 Annual Report op the 

fixed for the annual reviews and Inspections, to the end, that he 
may have an opportunity of reviewing a portion thereof every 
year. 

By the same Act the commanding officers of Regiments and 
Battalions are to make returns in due form of their respective 
Corps, to the Officer Commanding the Brigade, within one 
Month after the annual review and Inspection, together with a 
return of vacancies and other casualties, naming therein the 
Persons entitled to promotion; from which last mentioned re- 
turns the Brigadiers are to form brigade returns, and transmit 
the same to the Commander in Chief on or before the first day of 
February in every Year, and as soon as may be to make Brigade 
returns to the Major General of the division. 

As these duties are enjoined by Law and are essential to the 
Public service, the Commander in Chief expects they will be 
faithfully performed. y 

To prevent irregularities and imperfections in returns, the Ad- 
jutant General is directed to transmit blank forms to the differ- 
ent Corps. 

It is indispensably necessary to the regular promotion of Offi- 
cers that their relative rank be ascertained; Boards of Officers 
are therefore to be appointed in each brigade, by the command- 
ing officer thereof for this purpose, without delay. As appoint- 
ments will in future be made in the Order that the returns of 
vacancies are received, it will be interesting to the Officers that 
those returns be promptly made; and it is earnestly recom- 
mended, that they be forwarded to the Adjutant-General's office 
as early as the first of January, so that time may be afforded for 
completing the appointments and promotions and issuing the 
Commissions in the course of the Winter. 



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State Historian. 133 

The Commander in Chief conceives it to be a peculiar Duty at 

this important crisis of our Public affairs, to exhort the Militia 

to use every exertion to provide themselves with arms, and for 

their Improvement in Military discipline and knowledge of 

tactics; Government relies on them for national defence; and 

from the opinion the Commander in Chief entertains of their 

patriotism he flatters himself it will be their first pride to render 

themselves eminently worthy of the high confidence reposed in 

them. 

By order of his Excellency: 

Sol. Van Rensselaer, Adjt. Gen'l. 



SERIOUS CHARGE AGAINST THREE OFFICERS. 

G. O.: Albany, 10th August, 1803. 

Complaints having been exhibited to the Council of Appoint- 
ment, on the 19th day of March last, by Joseph P. Dibble and 
John Herman, charging Beriah Phelps, a Major, Thomas Trues- 
dale, a Captain, and Nathaniel Kellogg, a Lieutenant, in the Regi- 
ment of Militia in the County of Columbia, commanded by Charles 
McKinstry, Esq'r. with intoxication at a Court Martial held in 

January last of which they were Members. Whereupon the Coun- 

i 
cil on the 8th April last came to the following resolution, to wit: 

"The Council agreeably to their resolution of 19th of the last 

month, having heard Major Beriah Phelps, Capt. Thomas Trues- 

dale, and Lieut. Nathaniel Kellogg in their vindication on the 

charges exhibited against them, and it appearing to the Council 

that the Testimony produced as well in support of the charges 

against the said Officers as in their exculpation, was too vague 

and uncertain to enable the Council to form a correct decision 

in the premises, and, inasmuch, as the said charges if substan- 



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134 Annual Report of the 

tiated are of such a nature as to subject the said officers to trial 
by Court Martial ; Therefore Resolved, that the said Complaints 
be dismissed and that his Excellency the Commander in Chief be 
respectfully requested to take such further order for the investi- 
gation of the said charges as Justice may demand and the good of 
the Public Service require." 

His Excellency the Commander in Chief has thought proper to 
appoint a board of Officers to consist of Lieut. Col's. Samuel Ten 
Broeck and Jonathan Warner and Major Bartholomew I. Van 
Valkenburgh, who are to enquire iqto the truth of the said 
charges. 

The board will assemble for this purpose with all convenient 
speed, (giving timely Notice to the parties of the time and place of 
their meeting), and report to the Commander in Chief the result 
of their enquiries. The Adjutant General will procure Copies of 
such affidavits and other documents respecting this subject as 
remain with the clerk of the Council and cause them to be trans- 
mitted to the board with this order. 

By order of his Excellency: 

Sol. Van Rensselaer, Adj't. Gen'l. 



PETER FRYER'S APPLICATION TO RAISE A LIGHT INFANTRY COMPANY 

IN ALBANY. 

G. O.: Albany, 25th September, 1803. 

Application having been made to the Commander in Chief by 
Peter Fryer for leave to raise a volunteer light Infantry Company 
in the City of Albany, the same is referred to the Adjutant 
General to report on the expediency thereof, and on which he 
will take the opinion of the Major General of the division residing 
in the said city. The Persons proposed for Officers of said Corn- 



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General Peter B. Porter. 



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State Historian. • 135 

pany have expressed their willingness to relinquish any right of 

promotion in the ordinary Militia which they might acquire in 

virtue of their appointments to Command such Company. 

George Clinton. 
Albany, 25 Sept., 1803. 



A GENERAL ORDER FOR OFFICERS. 

G. O.: Albany, 2nd January, 1804. 

The Commander in Chief directs the Adjutant General to re- 
publish and transmit copies of the following standing order to 
the Commanding Officers of the different Brigades, to Wit: all 
Officers are to report the acceptance of appointments as follows: 
Subalterns to the Officer commanding the Company to which they 
belong; Captains, Officers commanding Companies and Staff 
Officers, to the Officer Commanding the Regiment or Battalion to 
which they belong; Lieutenant Colonel Commandant, and Officers 
, commanding Regiments or District Battalions, to the Brigadier 
Generals of the Brigade. 

By order of his Excellency: 

Sol V. Rensselaer, Adjt. Gen'l. 



CHARGES PREFERRED AGAINST AN OFFICER. 

G. O.: Albany, March 15th, 1804. 

Complaint having been made to Brigadier General James Gor- 
don, by James Guernsey, Lieutenant of a, Company of Artillery, 
against Captain Daniel Rathbone commanding the said Com- 
pany for improper conduct in the Execution of his office, and the 
said Complaint having been transmitted by the Brig'r General 
to the Commander in Chief, he has been pleased to Order that 



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136 • Annual Report op the 

Lieut. Col. Price, Major Goodrich and Major Asa Porter, form a 
board to enquire into the truth of the said charges and that they 
cause the parties to be notified of the time and place of their 
meeting, and that they make report of the facts with their opinion 
thereon to the Commander in Chief without delay. The Adjutant 
General will furnish them with a Copy of the charges as stated 
in the complaint and of the letter from the Brigadier General 
transmitting the same. 



ANNUAL REVIEW AND INSPECTION OP 1804, AND GOV. CLINTON'S PARE- 
WELL WORDS TO THE TROOPS. 

G. O. : City of Albany, 28th March, 1804. 

The different Regiments and Corps of Militia will parade for 
annual Review and Inspection on such days as shall be appointed 
for that purpose by their respective Brigadier Generals. In mak- 
ing these appointments, the convenience of the Militia is to be 
consulted, and timely notice given to the Adjutant General and 
also to the Major Generals, that they may have an opportunity 
of being present. 

To prevent the inconveniences occasioned by delays in making 
the returns, it is expected that in future the ordinary ones will be 
delivered to the Brigade Inspector on the day of Inspection, and 
that those of vacancies and other casualties, will be transmitted 
to the respective Brigadier Generals at an early period, there- 
after, so that they may be completed and forwarded to the Adju- 
tant General by the time prescribed for that purpose by Law. 

The Commander in Chief embraces this opportunity as it is 
probably the last that will present itself, of expressing to the 
Militia the satisfaction which he has experienced from their at- 
tention to duty and Improvement in Military knowledge, and the 



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Stats Historian. 137 

reliance he places on a continuation of their patriotic exertions 
to realize the expectations of their country, by rendering them- 
selves its safe and formidable defence. 



MORGAN LEWIS, GOVERNOR. 
Adjutant General's Office, Headquarters, City of Albany, 8 Nov'r, 

1804. 

It having been requested of the Commander in Chief, that the 
establishment of a Troop of Horse to be annexed to the Regi- 
ment, commanded by Lieut. Col. Tabor Bentleys, of the Brigade 
commanded by Brigadier General James A. Barker, would con- 
duce to the public Service; Ordered that such company be es- 
tablished, provided the Honorable the Council of Appointment 
shall think proper to appoint the necessary officers for such corps. 

G. O.: Headquarters, City of Albany, 9th November, 1804. 

It having been represented to the Commander in Chief that the 
Establishment of a Troop of Horse in the County of Essex will 
have a tendency to promote the Public Service, it is therefore 
ordered that a Troop of Horse be raised accordingly and annexed 
as soon as officered by the Council of Appointment to the Regi- 
ment commanded by Lieut. Col. Daniel Wright, in Brigadier 
General (Benjamin) Mooer*s Brigade. 



CHARGES AGAINST LIEUT. COL. WARREN FERRIS. 

G. O.: City of Albany, February 5th, 1805. 

Brigadier General David Thomas having made the following 
complaints on the 12th September, 1804, against Lieut. Col. War- 
ren Ferris of his Brigade, vizt: 



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138 Annual Report of the 

1st, For neglecting to make a return of Vacancies and other 
occurrences in the Regiment under his Command for the Year 
1803, when at the same time there was an Ensign vacant in Cap- 
tain John Stuart's Company, of the said Regiment and a Total 
want of officers in the flank companies; 

2nd, For neglecting to make a return to the Brigadier General 
for two Years last past of the receipts and expenditures of the 
Money arising from fines collected in his said Regiment; 

3d, For neglecting to make any disposition of the Money paid 
over to him of Fines collected in his said Regiment, when it ap- 
pears by the certificate of Capt. Jonathan Wood, that he did as 
President of a Court Martial, pay over to him the said Lieut. Col. 
Ferris, in the Month of February, 1801, Eleven Dollars; 

And 4th, For neglecting to attend the annual Review and In- 
spection of the said Regiment under his command on the 5th day 
of September Instant, without any reasonable excuse for such 
neglect 

The Commander in Chief has been pleased to Order that Lieut. 
Col. (Simeon) De Rider and Majors (James) Green and (Zepha- 
niah) Kingsley form a board to enquire into the truth of the said 
charges, and that they cause the parties to be notified of the 
time and place of the meeting and that they make a report of the 
facts with their opinion thereon to the Adjutant General without 
delay. 



ARTILLERY OF THE STATE CONSOLIDATED INTO ONB DIVISION. 

G. O. : Headquarters, Albany, 27th March, 1805. 

The Commander in Chief, conceiving an Organization of the 
Artillery, tending to introduce an uniformity of discipline and to 
excite emulation, by affording the same means of promotion to 



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State Historian. 139 

the Officers attached to that service that exists in the Infantry, 
to be an essential ingredient in the Military establishment, orders 
and directs, that the various artillery Corps throughout the State 
be Consolidated into one Division to be commanded by Major 
General Ebenezer Stevens; That the said division be divided 
into three Brigades, to be denominated the first, second and third 
Brigades of Artillery; 

That the first Brigade be Commanded by Brigadier General 
Jacob Morton, and consist of the first and second Regiments of 
Artillery in the city of New York and the Battalion to be com- 
manded by Major John Ten Eyck; that the Regiment of Artillery 
commanded by Lieut. Col. Peter Curtenius in the city of New 
York be denominated the first Regiment of Artillery, and consist 
of two Battalions; the first to be commanded by Major John C. 
Ludlow as first Major of said Regiment and the second by Major 
James Manning as second Major of said Regiment. That the 
sixth Regiment of Infantry at present attached to Brigadier Gen- 
eral (William) Boyd's Brigade be transferred to the first Brigade 
of Artillery to be denominated the second Regiment of Artillery 
and be commanded by Lieut. Col. John Swartwout; that said 
Regiment also consist of two Battalions, the first to be com- 
manded by Major Lebbeus Loomis, as first Major of said Regi- 
ment, and the second by Major Francis Saltus, as second Major 
of said Regiment; that the Battalion commanded by Major John 
Ten Eyck consist of the several Brigade Artillery Companies at 
present attached to Boyd's (Nathaniel) Coles', and (Daniel) Dela- 
van's Brigades of Infantry. 

That the Second Brigade be commanded by Brigadier General 
James W. Wilkin and consist of the Third and fourth Regiments 
of Artillery; that the third Regiment be Commanded by Lieut. 



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140 Annual Report op the 

Col. Charles Clinton and consist of two Battalions, the first com- 
posed of the Brigade Artillery companies at present attached to 
(Seth) Marvin's and (Joseph) Hasbrouck's Brigades of Infantry, to 
be commanded by Major David R. Bogart, as first Major of said 
Regiment, and the second composed of the Brigade Artillery com- 
panies at present attached to (Samuel A.) Barker's and (Theo- 
doras) Bailey's Brigades of Infantry to be Commanded by Major 
Nathan Myers as second Major of said Regiment. That the fourth 
Regiment of Artillery be commanded by Lieut. Col. Stephen Thorn, 
and consist of two Battalions, the first composed of the Brigade 
Artillery companies at present attached to (Henry) Livingston's 
and (Jacob R.) Van Rensselaer's Brigades of Infantry to be com- 
manded by Major Robert Jenkins as first Major of said Regiment, 
and the second composed of the Brigade Artillery companies at 
present attached to (David) Thomas's and (Benjamin) Mooert 
Brigades of Infantry, to be commanded by Major Amos Potter, 
as second Major of said Regiment. 

That the third Brigade be commanded by Brigadier General 
Peter Van Sluyck, and consist of the fifth and Sixth Regiments 
of Artillery. That the fifth Regiment be commanded by Lieut. 
Col. Henry R. Teller and consist of two Battalions, the first com- 
posed of the Brigade Artillery Companies at present attached to 
(David) McCarty's (John H.) Wendell's, and (Elias) Butler's 
Brigades of Infantry, to be commanded by Major Daniel Rath- 
burn, as first Major of said Regiment, and the second composed of 
the Brigade Artillery companies at present attached to (Samuel) 
Clark's, (Abraham) Veeder's, and (James) Dana's Brigades of In- 
fantry to be commanded by Major Peter C. Pox as second Major of 
said Regiment; that the Sixth Regiment be commanded by Lieut. 
Col. Joseph Kirkland, and consist of two Battalions, the first 



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State Historian. 141 

composed of the Brigade -Artillery companies at present attached 
to (Robert) EarFs, (Benjamin) Ledyard's, (Amos) Hairs, and (Wil- 
liam) Whitney's Brigades of Infantry to be commanded by Major 
Samuel Sherwood, as first Major of said Regiment, and the second 
composed of the Brigade Artillery Companies at present attached 
to (George) Widrig's, (George) Doolittle's, (Jacob) Morris and (Ben- 
jamin) Jones's Brigades of Infantry, to be commanded by Major 
Joseph French as second Major of said Regiment. 
By order of his Excellency, the Commander in Chief: 

Sol. V. Rensselaer, Adjt. Gen'l. 



NEW YORK CITY AND COUNTY OFFICERS. 

Returns of the Names of the Field, Staff, and Officers, com- 
manding companies in the Legion composed of the flank com- 
panies, of that part of General (William) Boyd's Brigade which 
comprehends the City and County of New York, 21st October, 
1806. 

Field and Staff: Gerard Steddiford, Lieut. Col; Edward W. 
Laight, 1st Major; William Paulding Jun'r, 2nd Major; 

Joel Davis and Cornelius Bogart, Adjutants; 

Benjamin Ferris, Quartermaster; Peter Stagg, Paymaster; 
John Gamage, Surgeon. 

Commandants of Companies: Fourth do Clarkson Crolius, 
First Regiment, Francis Mc- Fifth do Leonard Thorn, 
Clure, Rifle Comp'y of Edward Tylee, 

Repub'n Greens. Robert Kibley, 

Companies of Infantry: Seventh do Samuel Burtis, 

Robert Swanton, Jonathan Pinckney, 

Second do Reuben Bunn, Charles Christian. 



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142 Annual Report op the 

and they are organized as the first light infantry. 
G. O.: Headquarters, &c. 

The uniform companies of General Boyd's Brigade having so- 
licited to be formed into a Regiment with the approbation of 
their Brigade Commander, it is Ordered that the said companies 
be accordingly formed into a Regiment to be denominated The 
First Light Infantry, and that the Field and Staff assigned by 
the said General are the field and staff of said Regiment. 



JOHN FINK'S TROOP OF HORSE IN NEW YORK CITY AND ITS UNIFORM. 

G. O.: Headquarters, Albany, 3rd Sept., 1805. 

Application having been made to the Commander in Chief by 
John Fink, and others who have raised a company of Horse in 
the City and County of New York to have the said Company 
Organized according to Law, it is Ordered, provisionally that the 
said Company be commanded by the said John Fink as Captain 
thereof, and that Joseph C. Bogart, be the first, and John Lovell, 
the second Lieutenants, thereof; That John Boscowan be Cornet 
and Cornelius W. Van Rantz, Quartermaster until the pleasure 
of the Council of Appointment shall be known. 

It must be remembered that no privates can be taken from any 
other company without the consent of the officers commanding 
such company. The uniform of the Cavalry being left by Law 
to be fixed by the Commander in Chief, he directs that it consist 
for the Regimental Field and Staff and Troop Officers, of a short 
Green Coat, faced with black Velvet collars, cuffs and wings on 
the shoulders of the same, light buttons on the Lappelle, two on 
each side of the collar, three on the sleeve, and three on the 
skirt. The buttons to be small, yellow and of a conical form, 
the button holes and along the edges of the Coat (the bottom ex- 



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State Historian. 143 

cepted) to be trimmed with gold Lace or yellow silk binding, the 
buttons and Epaulettes of the like colour, with buff Vest, buck- 
skin Breeches and long black top't-boots. 

This regulation not to effect such Troops as are already uni- 
formed, until they shall find it convenient to provide themselves 
with new ones. All Regimental Brigade and Division returns 
are directed to be made previous to the meeting of the Legis- 
lature and to contain in a column for the purpose the date of 
each officer's Commission. 

The Major and Brigadier Generals will give orders accordingly. 

By order of his Excellency: 



THE ANNUAL REVIEW AND INSPECTION FOR 1805. 

Sir: — Albany, 3rd September, 1805. 

The Commander in Chief wishing to know from personal In- 
spection the actual state of the Militia as far as circumstances 
will admit, requests that you will parade for Review such por- 
tions of your Brigade as can be conveniently assembled together, 

on the . . day of next at such place as you shall deem 

most convenient. The Corps of Horse and Artillery within the 

limits of your Brigade, he also wishes may parade at the same 

time. 

To General (Abraham) Veeder, 1 October. 

General (George) Widrig 

General (George) Doolittle 

General (John) Tillotson 

General (Isaac) Hall. 

G. O.: Headquarters, Albany, 6th Sept., 1805. 

The Commander in Chief directs the Brigadier Generals op offi- 
cers commanding Brigades that they order the Regiments and 



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144 Annual Report of the 

Corps under their Command to parade for the review and Inspec- 
tion on such days as they may deem most convenient for the 
Militia to assemble for that purpose; the Brigade Inspection re- 
turns, and returns of vacancies are directed to be made previous 
to the meeting of the Legislature and to contain in the latter in 
a column for that purpose the date of each officer's commission. 
The officers commanding Brigades will give orders accordingly. 
By order of his Excellency: 

Sol. V. Rensselaer, Ad. GPL 



A NEW BRIGADE FOR ALBANY. 

G. O. : Headquarters, Albany, April — , 1806. 

The Commander in Chief having thought proper to form a new 
Brigade out of the Militia in the County of Albany at present 
commanded by Brigadier General Paul Todd, directs the Regi- 
ments commanded by Lieutenant Colonels (Gerritt W.) Van 
Schaick and (Jacob) Swita, and that part of Lieut. Col. (Law- 
rence) Schoolcraft's Regiment in the Town of Watervliet com- 
pose the New Brigade; and that a new Battalion be formed of 
that portion of the Militia taken from Lieut. Col. Schoolcraft's 
Regiment, and the part at present attached to Lieut. Col. Van. 
Schaick's Regiment, in the Town of Watervliet. m 
By order of his Excellency: 

Sol Van Rensselaer, Adjt Genl. 



THE REVIEW FOR 1806. 

G. O.: Headquarters, Albany, April 26th, 1806. 

The Commander in Chief being desirous to ascertain by per- 
gonal Inspection and review, the actual state of the Militia, re- 
quires that so many Regiments of Infantry companies of Artil- 



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State Historian. 145 

lery and Cavalry, of Brigades hereinafter designated, as can con- 
veniently assemble together, parade for the purpose of such In- 
spection and review on the following days: General (Aaron) 
Chamberlain's Brigade on the 12th; General (Siah) Robinson's 
Regiment in Rockland on the 20th; General (Thomas) Carpenter's 
Brigade on the 23d; General (Nathaniel) Coles's on the 26th; and 
General (Sylvester) Dering's on the 30th Days of June next; Gen- 
eral (Jacob) Morton's Brigade of Artillery with so many of the 
Uniform Companies of General (William) Boyd's Brigade as can 
conveniently attend on the 4th day of July next, and the remain- 
der of General Boyd's Brigade on the succeeding day; General 
<John B.) Van Wyck's Brigade on the 8th and General (Edmund) 
Per Lee's on the 10th days of July next; General (Samuel) Ten 
Broeck's on the 2nd; General (Hosea) Moffitt's on the 4th; General 
(Warren) Ferris's on the 6th; General (Samuel) Clark's on the 8th; 
General (Gerrit W.) Van Schaick's on the 11th; General (Paul) 
Todd's on the 13th; General (Freegift) Patchin's on the 15th; 
General (David) Bates's on the 17th; General (Benjamin) Jones's 
on the 20th and General (William) Whitney's on the 23rd days of 
September next. 

Such of the Corps as do not attend on the days above ap- 
pointed, will parade for the annual Review and Inspection at 
such other times as the Commanding officers of the Brigades, 
to which they respectively belong, shall assign. The officers com- 
manding Brigades are strictly enjoined to make their returns of 
vacancies and the Names and Rank of the several officers, to the 
Adjutant General previous to the next session of the Legislature, 
in order that the Honorable the Council of Appointment may be 
enabled to fill the Vacancies at an early day of their meeting. 

The several Brigade Inspectors are also required to forward 
10 



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146 Annual Report of the 

their Inspection returns to the Adjutant General within thirty 
days after the Inspections are completed, to the end that the 
Adjutant General may have the Annual return of the Militia 
prepared in Season for the purposes prescribed by Law. Delin- 
quencies and remissness in particular on the part of some of the 
Brigade Inspectors have been so frequent, heretofore, that the 
Commander in Chief will feel himself constrained to notice such 
as may occur in future with great strictness. 
By order of his Excellency: 



TWO TROOPS OF FLYING ARTILLERY FOR NEW YORK CITY. 

G. O.: Headquarters, Albany, 7th June, 1806. 

The Honorable the Legislature having made provision for the 
purchase of an additional supply of field Artillery, and the Com- 
mander in Chief presuming that their utility would be much in- 
creased particularly in the defence of the city of New York by 
the establishment of a Corps of Horse or Flying Artillerists, 
Orders that a squadron of such description, consisting of two 
Troops be raised in said City, under the direction of Major Gen- 
eral (Ebenezer) Stevens. That each Troop consist of one Captain 
one first Lieutenant, one Second Lieutenant, one Cornet, Four Ser- 
geants, Four Corporals, one Farrier, one Sadler, one Trumpeter 
and sixty-four Privates to be attached exclusively to the Artil- 
lery and under the Orders of the Major General, thereof. That 
such Corps be mounted, armed, accoutred and uniformed as 
Troopers; that the uniform be in the Huzzar Style, the Fashion to 
be prescribed by the said Major General. 

It is further ordered that each of said Troops be officered, pro- 
visionally, by the said Major General Stevens with such persons 
as he will not hereafter hesitate to recommend for Commissions. 



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State Historian. 147 

governor lewis orders out a brigade for a review. 
Q. O.: Headquarters, Albany, 9th August, 1806. 

When the Commander in Chief issued his orders for the review 
and Inspection of the Militia, averse from subjecting them to the 
inconvenience of assembling by Brigades when a scattering Popu- 
lation had placed the different Regiments and Corps composing 
them at a Considerable distance from each other, he left it in the 
discretion of the several Brigadiers to assemble such Troops as 
could with Convenience be got together; in the fullest confidence 
that such discretion would have been exercised in every instance 
in such a manner as to attain, as far as practicable, his declared 
object. He did not suppose it possible that the pride of the 
Soldier could in any Instance suffer him to resort to imaginary or 
factitious inconveniences to defeat the views of the Commander 
in Chief, and damp the military ardour he labours to inspire. 

To review the whole Militia of the State by Regiments is a task 
the Commander in Chief could not possibly perform, in the space 
of three years, without neglecting his other official duties. He is 
therefore to assemble them in larger bodies. 

Having had the Honor of serving with a considerable portion of 
the Militia of Columbia in the glorious northern campaign of the 
year 1777, the Commander in Chief cannot but believe, that the 
Sons of such sires, must possess the laudable desire of equalling, 
if not surpassing, their Brethren in arms. Under this Impression, 
and reflecting on the compact state of the Brigade commanded 
by Brigadier General Ten Broeck, where no soldier can have 
beyond seventeen or Eighteen Miles to march to the centre of the 
County, the Commander in Chief feels himself justified in order- 
ing and accordingly does order, that Brigadier General Samuel 
Tan Broeck cause the whole of his Brigade with the Horse and 



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148 Annual Rbport of the 

Artillery attached thereto to Assemble for review and Inspection 
at some central point of the County of Columbia, on the second 
day of September next and that he adopt the necessary measures 
for that purpose. 
By order of his Excellency: • 



A NEW BATTALION ESTABLISHED FOR THE NORTHERN COUNTIES. 

G. O.: Headquarters, Albany, 12th September, 1806. 

Application having been made to his Excellency the Com- 
mander in Chief for the formation of a new Battalion of a part of 
the Militia, composed of Lieutenant Colonel (Thomas) Soger's 
Regiment, in General (Samuel) Clark's Brigade, and part of Major 
(Richardson) Thurman's Battalion, in General (Warren) Ferris's 
Brigade, directs that the following companies compose the said 
Battalion, viz. : Captains Daniel Church's, Ebenezer Brown's and 
Luke Fenton's of General Clark's; Captains Levi Scovil's and 
Theodorus Doty's companies of Major Thurman's Battalion, in 
General Ferris's Brigade, to be commanded by Major George 
Taylor and to be attached to General Clark's Brigade. 



A DIVISION FOR WASHINGTON COUNTY. 

G. O.: Headquarters, 17th February, 1807. 

Application having been made to His Excellency the Com- 
mander in Chief, for a Division of the Brigade of Militia in the 
County of Washington, commanded by Brigadier General (War- 
ren) Ferris, he directs that the Regiments commanded by Lieu- 
tenant Colonels (Solomon) Baker (excepting Captain (Nathan) 
Durkee's Company), and (Micajah) Pettit's and the Battalion 
in the Town of Thurman form the North Brigade under the 



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State Historian. 149 

command of Brigadier-General Ferris and that the Regiments 
commanded by Lieutenant Colonels (Simeon) De Rider, (John) 
Gordon and (Caleb) Brown ; and the whole Militia of the 
town of Argyle, consisting of Major (James) Green's Bat- 
talion and Captain Durkee's company of Lieutenant Colo- 
nel Pettit's Regiment, compose the South Brigade ; Major 
John Mills and Captain Durkee with his company are in 
future to be attached to and do duty in Major Green's Bat- 
talion, which is hereby formed into a Regiment. That part of 
General Ferris's command of Militia in the Town of Thurman is 
to be Organized into a Regiment, and in future to do duty as such; 
he will therefore forward the necessary arrangements for that 
purpose. Brigadiers will forward without delay to the Adjutant 
General returns of the vacancies in those Brigades. 



CHANGES IN THE CAVALRY ARM. 

G. O.: Headquarters, Albany, 15th March, 1807. 

The Commander in Chief, on the Recommendation of Brigadier 
General Jonas Piatt, commanding the second Brigade of Cavalry 
of the State, orders the division of the first Squadron in the limits 
of the Fifth Division of Infantry in the following manner, viz: 
the Troops of Horse comprehended in the Counties of Oneida 
and Herkimer, to be denominated the 1st Squadron, and those of 
the Counties of Otsego, Chenango and Madison, the Third Squad- 
ron of the 5th Regiment, commanded by Lieutenant Colonel 
Henry McNeil. And further orders in the 4th Regiment, com- 
manded by Lieutenant Colonel Elfectus Backus, that the Troops 
of Cavalry in the Counties of Saratoga and Montgomery compose 
the first Squadron, to be commanded by Major Eli Stone. Those 



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150 Annual Report of the 

of the Counties of Schoharie, Greene and Delaware, to form the 
Second Squadron under the Orders of Major George Tiffany, and 
that a new Squadron be set off consisting of the Troops of Horse 
in the County of Albany, to be called the Third Squadron of the 
last mentioned Regiment to be commanded by such person as 
the Honorable the Council of Appointment shall appoint. 
By order of his Excellency: 

Sol Van Rensselaer, Adjut. Genl. 



GENESIS OF THE SEVENTH REGIMENT. 

THE OFFICIAL ORDER PROMULGATED BY GOVERNOR LEWIS, THAT 
BROUGHT THE NOW FAMOUS REGIMENT INTO EXISTENCE. 

G. O.: Headquarters, Albany, 5th April, 1807. 

The Commander in Chief by virtue of an Act of the Legisla- 
ture passed the 27th March, 1807, authorizing him to organize a 
third Regiment in the first Brigade of Artillery of the State, 
Orders that the Battalion under the Command of Major A. 
(Andrew) Sitcher be Organized into a Regiment and that meas- 
ures be taken for that purpose without delay, by the proper 
Officers. 

By order of his Excellency: 

Sol. Van Rensselaer, Adjut. Genl. 



GOVERNOR LEWIS PREPARES FOR THE ANNUAL REVIEW OF 1807, AND 
BIDS FAREWELL TO THE MILITIA. 

G. O.: Headquarters, City of Albany, June 4th, 1807. 

The Commander in Chief submits to the Brigadier Generals 
or officers commanding Brigades, to order out the Regiments and 



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State Historian. 151 

■Corps under their Command, for Review and Inspection, on such 
days as they may deem most convenient for that purpose. 

The lapse of a few days will put a final period to the connec- 
tion subsisting between the Commander in Chief and the Militia 
of this State. An event so interesting to his feelings, he cannot 
suffer to occur, without a previous public acknowledgment of the 
satisfaction he has derived from the ready obedience to orders, 
the strict attention to duty and the encreased military ardour, 
which he has discovered generally in his brother officers and 
soldiers, wherever he has had the honor of meeting them in arms; 
whether these effects, acknowledged by all, proceed from causes 
entitling him to any merit, he leaves to the Candour and Justice 
of the considerate and discerning part of his fellow citizens, 
satisfied that when calumny and detraction shall cease to operate, 
when an ardent desire to produce Military excitement shall be 
ascribed to its true motives, when the virulence of party spirit 
shall subside, and pure patriotism shall direct the elevation of 
men to office, a virtuous community will give him credit for his 
exertions at the least. 

Believing it a position not to be contested, that an elective 
Government cannot long maintain itself against foreign aggres- 
sion, or domestic usurpation, but, where every citizen is a 
soldier, the Commander in Chief earnestly advises the discoun- 
tenancing every appearance of Military insubordination, and 
every disposition to a relaxation from the pursuit of Military 
Improvement. To this last advice he adds a fervent wish, that 
the Militia of this Country may so progress in the acquisition of 
the Military art, as to render standing armies forever unneces- 
sary, and enable themselves by their own exertions to be the 
safeguards and protectors of the rights of freemen. 



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152 Annual Report op the 

The Brigade Inspectors will forward their Inspection returns 
to the Adjutant General in due season, and should they require 
any Brigade blanks of other returns for the troops they will be 
delivered when called for. 

By order of hie Excellency: 

Sol Van Rensselaer, Adj. Genl. 



NEW DIVISION LINES. 

G. O.: Headquarters, Albany, 4th June, 1807. 

Ordered that the division line between the Regiment com- 
manded by Col. Stephen Judd of General (Freegift) Patchin's Bri- 
gade and Colonel John Reynolds of Brown's Brigade be a line 
commencing at the North Corner of the Town of Blenheim, and 
running thence Eastward on the line of the town of Bristol two 
miles thence Southerly to strike the line of the County of Scho- 
harie at a point two miles from the South East corner of said 
town of Blenheim; 

Ordered further that a new Company be established in said 
Regiment by Col. (Stephen) Judd. 
By order of his Excellency: 

Sol Van Rensselaer, Adj'. GenL 



DANIEL D. TOMPKINS, GOVERNOR. 

WAR WITH ENGLAND THREATENED AFTER THE CHESAPEAKE AFFAIR. 
NEW YORK PROMPTLY SUPPLIES ITS QUOTA OF 100,000 MEN. 

G. O.: Headquarters, Albany, 15th July, 1807. 

By order of the President of the United States, the Commander 
in Chief is directed to take effectual measures to detach and 
organize into Companies, Battalions, Regiments, Brigades, and 



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State Historian. 153 

divisions and hold in readiness to March at a moment's warning, 
twelve thousand seven hundred and four of the Militia of the 
State of New York, (being our Quota of 100,000 men) as nearly as 
practicable in the following proportions of Artillery, Cavalry, 
and Infantry, viz: one twentieth part Artillery, one tenth part 
Cavalry and the residue Infantry.. 

The Commander in Chief, therefore, directs that the said num- 
ber of 12,704 Men be detached and furnished from the several 
divisions of Artillery, Cavalry and Infantry of this State in the 
following proportions: from Major General (Ebenezer) Stevens's 
division of Artillery, 730 men, including officers; 

Prom Major General (Stephen) Van Rensselaer's division of 
Cavalry, 1270 men, including officers; 

From the first division of Infantry, commanded by Major Gen- 
eral Thomas Thomas 1617 men, including Officers; 

Prom" the second division of Infantry commanded by Major 
General (John) Hathorn, 1406 Men including Officers; 

From the third division of Infantry commanded by Major Gen- 
eral David Thomas, 1604 men, including officers; 

From the fourth division of Infantry commanded by Major 
General (Peter) Gansevoort, (Jr.), 2104 men, including Officers; 

From the fifth division of Infantry, commanded by Major Gen- 
eral (Michael) Myers, 3973 men, including Officers; which respec- 
tive numbers the several Major Generals are requested imme- 
diately to detach and furnish from their respective divisions and 
the same to Organize into companies, Battalions, and Regiments. 

In the aforesaid Quota will be admitted a proportion of Rifle- 
men duly Organized in distinct corps, not exceeding one tenth of 
the whole number required; and any Companies of Volunteers who 
previous to orders for taking the Field may tender their Services 



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154 Annual Report op the 

according to the Second Section of the Act of Congress passed 
18th day of April, 1806, Entitled "An Act authorizing a detach- 
ment from the Militia of the United States " or to an Act passed 
the 24th day of February, 1807, Entitled "An Act authorizing the 
President of the United States to accept the services of a number 
of Volunteer Companies, not exceeding Thirty thousand Men," 
considered according to their numbers part of the aforesaid 
Quota, and will be credited to the divisions to which they belong. 

The interesting situation of our country and the Military 
ardour and patriotic zeal which are displayed by our fellow citi- 
zens, inspires the Commander in Chief with a confidence that a 
considerable portion, if not the whole of the Quota required, will 
consist of companies voluntarily and cheerfully tendering their 
services. 

Immediately after the detachment and organization are effected 
the respective Corps will be exercised under the Officers who may 
command or may be assigned to command them, but will not re- 
main imbodied or be considered in actual service until by subse- 
quent orders they may be directed to take the Field. 

The officers commanding Brigades will assign the most active 
and experienced captains and subalterns to command the detach- 
ments from their respective Brigades; and the officers so as- 
signed will forthwith make returns to their commanding officer* 
of the State of the Corps under their command. 

The Brigadier Generals will make correct returns of the de 
tachments from their Brigades to their Major Generals, who will 
transmit returns of the whole detachment from their division to 
the Commander in Chief in order that they may be arranged into 
Companies, Battalions, Regiments, and Brigades; the Major Gen- 
erals will please to recommend Regimental and Brigade arrange 



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State Historian. 155 

ments for the detachments and assign to them meritorious Field 
and Staff Officers and the respective Commanders of divisions 
will also forthwith transmit to the Commander in Chief, correct 
Muster Rolls and inspection returns of the detached Corps be- 
longing to their respective departments. 

, The Commander in Chief confides in the vigilance and Patriot- 
ism of the Major Generals and other officers of the Militia to 
cause these orders to be carried into prompt and speedy effect. 
And he also avails himself of this occasion earnestly to recom- 
mend, that all the Militia within their respective divisions be 
prepared and kept in readiness to take the Field whenever an 
emergency may require their being called -into actual service. 

The Commander in Chief cherishes a lively hope that the offi- 
cers and soldiers of this State will feel an Emulation to display 
their Patriotism and abilities in Military arrangements and that 
the utmost dispatch will be exhibited in all their measures. 

By order of his Excellency : 

Sol. Van Rensselaer, Adj. Genl. 



CAPTAIN BERNARD BLOOM'S TROOP OF CAVALRY IN QUEENS COUNTY. 

'G O. : Headquarters, Albany, 4th August, 1807. 

A Volunteer troop of Cavalry having been formed in the County 
of Queens with the approbation of the Brigadier General and 
Colonel of Infantry within that County; the Commander in Chief 
orders that the said Troop consist of one captain, two lieu- 
tenants, one cornet, four Sergeants, four Corporals, one Farrier, 
one Sadler, one Trumpeter and Sixty four privates to be attached 
to Major General Van Rensselaer's division of Cavalry; that the 
said Corps be mounted, armed, accoutred and uniformed as 
Troopers, and that they may be officered, provisionally, in the 



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156 Annual Report of the 

following manner until the pleasure of the Council of Appoint- 
ment in the premises be known, viz.: Bernard Bloom, Captain; 
Cornelius Eldert, 1st Lieutenant; Andrew Rapplejie, Second Lieu- 
tenant; Jeronimus Rapplejie, Cornet. 

By order of his Excellency: 

Sol Van Rensselaer, Adj. Genl. 



LOOKING FORWARD TO WAR WITH ENGLAND. 

THE CHESAPEAKE-LEOPARD AFFAIR AROUSES THE PATRIOTISM OF 

OUR PEOPLE. 

G. O.: Headquarters, Albany 24th August, 1807. 

His Excellency the Commander in Chief pursuant to orders re- 
cently received from the President of the United States, directs 
the commanding officers of Divisions and Brigades, within this 
State to encourage by all the means they possess, such Volunteer 
Associations as are contemplated and authorized by the Act of 
Congress passed the 24th day of February last. 

The advantages which will result to the volunteers are so ob- 
vious that it is presumed, little need be said to enforce them; 
while on the one hand, the service will be rendered pleasant by 
the association of companions and acquaintances in the same 
corps, the probability of a selection from those Corps of officers 
for the regular army in the event of a war, presents on the other 
powerful indijcements to active, intelligent and public spirited 
young men, to meet with promptitude the call of their country. 

But when in connection with these advantages, it is considered 
that the peace of the United States appears to be menaced, the 
Commander in Chief cannot entertain a doubt, that the Militia 
of this State will be among the foremost to exhibit becoming 
proofs of Military ardour and patriotic zeal. 



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State Historian. 157 

For the sake of uniformity as well as to ascertain the real state 
of the Volunteer Corps, and the Condition of their uniforms, arms 
and accoutrements of every kind, the commanding officers of 
Brigades are required to transmit* without delay exact returns 
thereof to the Adjutant General. 

The Major General of Artillery will cause the Field pieces ap- 
pertaining to his division, with the implements thereunto belong- 
ing, to be forthwith Inspected and a correct return of their condi- 
tion, the places where and the names of the officers to whose 
charge the same are confided, to be made to the Adjutant General. 

It is strictly enjoined that in case any of the said field pieces or 
Implements shall upon such Inspection be found to be injured or 
rendered unfit for service by means of any neglect in the officers 
having charge thereof, the delinquent officers be punished for 
their omission of duty, and the custody of the Field pieces and 
implements be immediately transferred to Officers who are trust- 
worthy, with a view that the public property may be preserved, 
and the necessary repairs made. 

A return of those companies of Artillery who have not been sup- 
plied with Field pieces, must be forwarded without delay to the 
Aujutant General, designating precisely the number of officers, 
non-commissioned officers and Privates, who are uniformed and 
equipped according to Law, to the end that measures may be 
taken to furnish them. 

The Major Generals will cause the rank of their respective 
Brigadier Generals to be ascertained and forwarded with the 
dates of their Commissions to the Adjutant General. The Adju- 
tant General will furnish the necessary muster Bolls and other 
returns for the use of the Troops when called for. 
By order of his Excellency: 

Sol. Van Bensselaer, Adj. Genl. 



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158 Annual Report of the 

serious charges against captain david ferris 

Headquarters, Albany, 9th November, 1807. 
Whereas Major Richard Ward, a commissioned officer in the 
Regiment of Militia of the County of Westchester, commanded by 
Lieutenant Colonel David J. Pell, hath made complaint in writing 
to the Commander in Chief against David Ferris, a Captain in 
the same Regiment, that the said David Ferris hath been guilty 
of improper and immoral conduct which is degrading to the said 
office of Captain, which he holds, and requesting the appointment 
of a Court of Inquiry to investigate the said conduct. 

The Commander in Chief, therefore, upon the said request and 
pursuant to the Statute in such case made and provided, hereby 
orders and appoints a Court of Enquiry, to investigate the said 
conduct, which Court shall consist of the following officers of 
the before mentioned Regiment, viz: Elijah Valentine, John Van 
Wart, Benjamin Drake, John Tredwell and Samuel Lyon, Cap- 
tains in the said Regiment, of which Court of Inquiry, Elijah 
Valentine is to be President, who will report the facte to the 
Commander in Chief according to the Statute in such case made 
and provided. 

By order of the Commander in Chief: 

J. W. Livingston, 

Col. and A. D. C. 



A COURT MARTIAL FOR QUARTERMASTER CHARLES BAKER. 

G. O.: Headquarters, Albany, 17th November, 1807. 

Whereas Colonel Charles Clinton, a commissioned officer' in 
General (James W.) Wilkin's Brigade of Artillery, hath made com- 
plaint in writing against Charles Baker, Quartermaster of the 
Regiment* of Artillery, commanded by the said Charles Clinton, 



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State Historian. 159 

representing that the said Quartermaster has been guilty of im- 
proper conduct which is degrading to the office which he holds 
and requesting the appointment of a Court of Inquiry to investi- 
gate the said conduct, to wit: 

First, that he is an habitual drunkard, and subject in his mo- 
ments of intoxication to commit acts highly derogatory to the 
character of a Gentleman; 

Secondly, that he did on the second of this Instant, write and 
cause to be sent to William Boss, a Captain in the same Regi- 
ment of Artillery, a challenge to a duel, without any proper or 
justifiable cause, which the said William Ross, by the advice of 
his friends very properly would not Notice, and 

Lastly, in consequence of the refusal on the part of Wm. Ross 
to notice the said challenge, the said Charles Baker did on the 
fifth day of this Instant, at a time when the officers of the said 
Regiment were convened in the Village of New Burgh, by the 
express Order of the Commandant thereof, and when the said 
officers were in the exercise of the duties of their respective offi- 
ces, write and cause to be put up in several places in the Public 
streets of the said Village an insulting and indecorous publica- 
tion in the words following: 

November 5th, 1807. 
William Ross having some time past put in circulation some 
falsehoods with an intention to injure my character, and also 
having been called on by me to make reparation for the same, 
which he has neglected to do, I do therefore publish him to the 
world as a Poltroon, a coward and a liar. 

Charles Baker. 

The Commander in Chief does, therefore, pursuant to the Stat- 
ute in such case made and provided, hereby direct, appoint and 
organize a Court of Inquiry to investigate the said improper con- 
duct of the said Charles Baker, to consist of the following officers 



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-*f Annual Report of the 

of Colonel (Charles) Clinton's Regiment: Capt. (Samuel) Slee and 
Lieut. (Thomas J.) Oakley of Dutchess County ; Capt (John) Milli- 
gan of Ulster County; Lieut. (Daniel) Carpenter and Adjutant 
(Jacob) Dunning of Orange County; of which court Capt. Slee will 
be the President and will with all convenient speed report to the 
Commander in Chief, a statement of the facte investigated and 
ascertained by the Court. 

By order of the Com'r in Chief: 



PROCEEDINGS AGAINST CAPT. FERRIS SUSPENDED. 

G. O.: Headquarters, Albany, November 28th, 1807. 

Whereas by Orders of the ninth day of November Instant, a 
Court of Inquiry was instituted upon the Complaint of Major 
Richard Ward, to investigate certain improper Conduct alleged 
by him against Captain David Ferris and whereas the said Capt- 
David Ferris by his memorial presented to the Commander in 
Chief, verified by affidavit, hath represented that at the meeting 
of the said Court they required of the complaining officer a 
specification of the Charges of improper conduct, which the said 
complaining Officer proposed to prove before the said Court,, 
against the said David Ferris, of which determination of the said 
Court the Commander in Chief approves. And whereas after the 
said decision of the said Court the said Major Ward did exhibit 
to the said Court, a written specification of the Charges or Com- 
plaints which he was desirous of proving before them, which 
Charges or Specification in the opinion of the Commander in 
Chief are irrelevant and too vague and indefinite; To the end, 
therefore, that a more precise and definite statement of the 
charges and improper conduct may be submitted to the said 
Court, in subsequent orders and the Proof and Testimony before 



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State Historian. 161 

them may be limited and restricted to definite and specifio 
charges of improper conduct; 

The Commander in Chief hereby orders and directs, that the 
proceedings of the said Court of Inquiry be suspended and cease 
until such subsequent Orders are issued, and that the accusing 
officer as speedily as possible forward to the Commander in 
Chief, a precise statement of all the Charges and Complaints 
which he intends to prove or attempt to prove before the said 
Court. 

By order of the Commander in Chief: 

Sol Van Rensselaer, Adj. Genl. 



GOVERNOR TOMPKINS REBUKES DELINQUENT OFFICERS. 

G. O.: Headquarters, Albany, 10th Decemb. 1807. 

The Commander in Chief inspired with confidence that the 
Officers of the Militia of this State would feel great ambition to 
enable him to furnish with the utmost dispatch to the War De- 
partment a correct return of our Quota of the Detachment di- 
rected by General Orders of the President of the United States 
of the 6th of July last, has hitherto forborne to issue any orders 
which might intimate delinquency in any of the Military Officers 
of the State, or have a tendency to check the Ardor and Zeal 
manifested by every description of the Militia ; he reflected upon 
the embarrassments which must necessarily result from a sparse 
population, the dispersed situation of the Officers through whose 
hands the returns were to pass and the novelty of the Duties 
which the Organization of the Detachment imposed. He has 
therefore in reply to the pressing request of the Secretary at 

War for a return of the Quota of this State suggested, as an 
11 



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162 Annual Report of the 

apology for the delay, those circumstances which might be sup 
posed to have retarded the returns from various quarters, not- 
withstanding the most ardent desire of the Officers to have the 
detachment completed and Organized with the utmost expedi- 
tion. But the lapse of time since the first General Orders upon 
this subject having been sufficient to enable the several officers, 
with due diligence to have surmounted all the obstacles to an 
immediate compliance with the duties thereby enjoined, the Com- 
mander in Chief is under the painful necessity of announcing 
that further delay, beyond the indulgence allowed by this order, 
cannot be tolerated; he therefore requires the Major and Briga- 
dier Generals, within Ten days from the receipt hereof, to for- 
ward to the Adjutant General such returns as may have been 
made to them, with the names of the Officers if any, who have 
neglected to make them, to the end that the conduct of such offi- 
cers may be forthwith investigated and their delinquency pun- 
ished. 

The returns received from Major General Stevens of the Ar- 
tillery, and from Major General Thomas Thomas of the first di- 
vision of Infantry, are incomplete. They will therefore within 
the period above limited transmit to the Adjutant General the 
materials for compleatly organizing the Detachments from their 
respective Divisions. 

The Commander in Chief acknowledges and accepts, with sin- 
cere satisfaction the tender of the services of the s "Albany Volun- 
teers," commanded by Captain (Garrit) Bogart, which was accom- 
panied with resolutions breathing a spirit of attachment to the 
Freedom, Independence and honor of their Country, and evincing 
a firm determination to support the same at every hazard. The 
Offer of the Services of the Company of Light Infantry at Sche* 



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State Historian. 163 

nectady, under the command of Capt. (George)* Smith, has also 
been received, and is accepted with similar impressions. The 
returns of the above mentioned companies were made by Briga- 
dir General (Gerrit W.) Van Schaick, with a promptitude and cor- 
rectness which reflect upon him the highest credit as a Military 
Officer. 

The tender of their services by Captain Bigelow, his sub- 
alterns and company, of the county of Otsego, has likewise 
been received and is accepted with great approbation of this 
patriotism; and of the promptitude of the officers of that com- 
pany in communicating the offer to the Commander in Chief. He 
also accepts the voluntary services offered by the First Troop of 
Cavalry in the City of New York under the command of Captain 
(Cornelius) King in Major (James) Warner's squadron, trans- 
mitted by Brigadier General (Aquila) Giles, in the month of July 
last and highly approves the patriotic Spirit manifested by the 
members of that Troop at the meeting at which the tender of 
their services was unanimously agreed to. 

And with like applause has been received and accepted the 
pledge of voluntary services by the Troop of Cavalry in Colonel 
John I. Van Rensselaer's Regiment by Captain (Robert) Per- 
rigo, (Jr.) 

Captain Charles Christian having also communicated the offer 
of the voluntary service of the company in the City of New York 
under his command, the same is likewise accepted with equal 
thanks. 

The services of the company of Artillery at Geneva, under the 
command of Capt. (Walter) Greive, and of the Troop of Cavalry in 
Albany County, commanded by Captain (Appollos) Moore, in Ool. 
(Electus) Backus's Regiment were offered by them, and commu- 



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164 Annual Report of the 

nicated by the respective commandants of said companies at a 
period, and in a manner which evinced the readiness of the per- 
sons composing them to defend the rights of their country, and 
the attention of their officers to military discipline. 

The tender of the voluntary services of Captain (Henry) Mc- 
Henry's Riffle Company and of Capt. (Howell) Bull's Company of 
Light Infantry in the Brigade under the command of General 
(George) McClure, has also been recently received and is accepted 
with the highest approbation of their patriotic conduct. The 
conduct of General McClure in forthwith forwarding correct In- 
spection returns of the two last mentioned companies, is noticed 
with great satisfaction. The Commander in Chief has received 
information from various sources, of the promptitude and zeal 
of the rest of the Militia, generally in voluntarily proffering their 
services and devoting themselves to the call of their beloved 
country, and laments that the returns afforded by such generous 
conduct have not been more speedily made, in an official manner. 
Those of the Quota returned from the Division of Artillery, and 
the first Division of Infantry, who compose part thereof by 
reason of a voluntary tender of their services, will please to accept 
the thaijks and praise of the Commander in Chief for the 
patriotism thereby displayed. 

The Commander in Chief cannot conceal his regret that occa- 
sion should exist at this late period for again calling on any of the 
officers for returns of the Quota from their respective Corps; but 
he assures them that the reputation of the State, and a conviction 
that it is his duty, have dictated the present orders and impose 
the necessity of requiring the remaining returns within the 
period of ten days from the receipt hereof; and he further an- 
nounces to them, that after the expiration of that period, the 



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State Historian. 165 

most rigid application of legal measures for the omission of 
Military duty will be resorted to. 

The propriety of affording to the President and Congress in- 
formation of the accurate State of the Militia of the United States, 
has produced from the Secretary at Wair, a renewal of the request, 
that the Commander in Chief will annually, in the month of 
December, transmit to that Department, correct Inspection 
returns of the Militia of this State. 

That this duty may be immediately complied with, all officers, 
whose duty it may be to furnish Inspection returns, and who have 
not yet performed that duty for the Year 1807, are strictly en- 
joined forthwith to forward their returns to the Adjutant Gen- 
eral. The General officers are requested to direct and enforce a 
prompt compliance with this Order. 

By order of the Commander in Chief: 

Sol Van Rensselaer, Aj. Genl. 



THE GOVERNOR THANKS THE BAKER COURT MARTIAL. 

Headquarters, Albany 19th December 1807. 
The Court of Inquiry appointed to investigate certain charges 
of improper conduct alleged by Col. Charles Clinton against 
Charles Baker quartermaster of the Regiment commanded by 
the said Col. Clinton, having performed that duty with prompti- 
tude and reported the facts proved before the said Court in the 
above matter with a correctness which does them great honor; 

The Commander in Chief hereby returns them sincere thanks 
for their faithful services and dissolves the said Court. 
By order of the Commander in Chief. 

Sol Van Rensselaer, Adj. Genl. 



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166 Annual Report of the 

THE GOVERNOR PROCEEDS WITH DECISION. 

MANIFESTATIONS OF TURBULENCE IN THE THIRD REGIMENT OF 

ARTILLERY. 

G. O.: Headquarters, Albany 21st December 1807. 

It having been represented to His Excellency the Commander 
in Chief by Major Benjamin Aycrigg, that application had been 
made by him, first to Brigadier General (Jacob) Morton and after- 
wards to Major General E. (Ebenezer) Stevens, for tihe arrest of 
Major Charles Snowden of the 3rd Regiment of Artillery and 
that the necessary charges had been exhibited by him for *that 
purpose, and that neither General Stevens or General Morton 
would pay any attention to them or order the arrest required; 

The Commander in Chief therefore directs Brigadier General 
Jacob Morton to cause the arrest of Major Charles Snowden on 
the charges exhibited against him by Major Benjamin Aycrigg, 
and that Major General Ebenezer Stevens order a Court Mar- 
tial for the purpose of investigating the said charges, to cause 
the officer arrested to be served with a copy thereof, and the par- 
ties to be notified of the time and place of the meeting of the 
said Court as the Law directs. 

Charges: 

1st, For disobedience of Brigade Orders of 21st September 
last. 

2nd, For neglect of Duty in not acting upon said order of 21st 
September last; 

3rd, For usurping the power of his superior officer, in issuing 
a Regimental order on the 15th of August last, directing a legal 
Meeting of the Officers of the 3rd Regiment on the 18th of the 
same Month; 



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\ 

State Historian. 167 

/4th, For improper conduct at said meeting in ordering his 
Superior officer under arrest; 

5th, For neglect of Duty in not furnishing Major Aycrigg the 
officer so arrested with a copy of the charges agreeable to Law; 

6th, For Ignorance of Duty and Malicious conduct, in Order- 
ing the above mentioned officer under arrest a second time for 
the same pretended offence, and endeavouring to injure his 
reputation as an officer by publishing it in Regimental orders; 

7th, For Unofficer and ungentlemanlike conduct in abusing the 
officers under his command on the parades of the 23rd June and 
4th of July last, thereby disgracing himself and reflecting much 
of disgrace on the Corps. 

By order of His Excellency: 

Sol. Van Rensselaer, Adj. General. 



VERY SERIOUS CHARGES PREFERRED AGAINST GAPT. DAVID FERRIS. 

G. O.: Headquarters, Albany, 22nd December 1807. 

Whereas pursuant to General Orders of the 28th day of Novem- 
ber last past, the Court of Inquiry appointed to Investigate the 
conduct of Captain David Ferris, hath suspended its proceedings 
and Major Richard Ward, upon whose complaint the said Court 
of Inquiry was instituted, having, pursuant to the said orders, 
specified to the Commander in Chief the following charges 
against the said David Ferris, viz: 

1st, That the said David Ferris in the month of September, 
1801, at Westchester, sold to one Benjamin Williams, four Geese, 
as the property of him, the said David Ferris, and converted the 
proceeds thereof to his own use, altho he then was conscious and 
knew that the said Geese, had been stolen by a Negro slave of 
him, the said David; 



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168 Annual Report op the 

2nd, That the said David Ferris, in the year 1801 at Westches- 
ter aforesaid, fraudulently and dishonestly stole, carried to New 
York, and sold Twelve Ducks, the property of John Gillespie; 

3rd, That the said David received and sold the property men- 
tioned in the last charge, knowing the same to have been stolen; 

4th, For having feloniously taken and carried away at West- 
chester, aforesaid, in the latter part of the year 1805, Ten Turkies 
the property of George D. Cooper; and that he received and sold 
the said Turkies, knowing the same to have been stolen from the 
said George D. Cooper; 

5th, That the said David Ferris in the Fall of the year 1806 at 
Westchester, aforesaid, did steal and carry away the ropes of a 
Fish net, the property of Alfred Livingston; 

6th, That the said David Ferris, at Westchester aforesaid, in 
the fall of the year 1797, did steal from Gilbert Lewis, a certain 
Sow, the property of the said Gilbert Lewis; 

7th, That the said David Ferris, on the Twenty second day of 
November, 1807, at Westchester, aforesaid, fraudulently, deceit- 
fully and dishonestly claimed and kept Three Geese the property 
of one Baisely, and against the consent of the said Baisley, he, 
the said David Ferris, well knowing that the said Geese were the 
property of the said Baisley; 

8th, That the said David Ferris in the fall of the year 1805, at 
Westchester aforesaid did steal and carry away Ten Geese, the 
property of Stephen B. Hoffman; 

9th, That the said David Ferris was President of a Regimental 
Court Martial, held at Armstrong's Tavern, in the Town of East 
Chester, the latter part of the year 1805, and did at the said 
Court deny his own handwriting and signature to a discharge 
of Alfred Livingston from Military duty, which said denial was 



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Statd Historian. 169 

malicious, and for the purpose of subjecting the said Alfred Liv- 
ingston to a fine for not attending a Military parade, he the said 
David, when he so denied his signature to the said discharge, be- 
ing conscious and well knowing the same was his handwriting, 
all which was unprincipled and dishonorable, and contrary to 
the dignity and integrity of a President and member of a Court 
Martial; 

10th, That the said David Ferris returned the said Alfred Liv- 
ingston, as a delinquent Member of his company, to the said 
Court Martial, contrary to his duty as an officer and from motives 
of personal resentment against the said Alfred, and that he so 
returned the said Alfred, and denied his signature to his dis- 
charge from Military duty before the aforesaid Court, wilfully 
and for the purpose of vexing, harr&ssing and oppressing the 
said Alfred, and from malicious and dishonorable motives; 

11th, That at a Regimental Court Martial held at the house of 
Philemon Fowler, in the Town of East Chester, in the month of 
December 1806, he the said David, returned the said Alfred Liv- 
ingston as a Member of his company of Militia, and a delinquent 
for the purpose of having him fined, altho he knew the said 
Alfred was excused from Military Duty by a discharge, signed by 
him the said David Ferris, and the said David Ferris attended at 
the said Court Martial, and then and there abused, insulted and 
indecorously treated his brother officers, members of the said 
Court, and behaved towards them in an indecent and highly un- 
becoming manner; 

12th, That the said David Ferris, when setting (?) as President 
of the Court Martial held at Armstrong's Tavern, mentioned in 
the Ninth Charge, habitually conducted with levity and inde- 
corum, both towards the other Members of the said Court, and 



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170 Annual Report op the 

the persons who attended the said Court Martial on business and 
frequently entered, indecently into altercations, quarrels, and dis- 
putes with persons who attended the said Court; and particularly 
with the said Alfred and used indecent, abusive and insulting 
language towards them, and particularly the said Alfred, and 
permitted the said Alfred, then and there to call him, the said 
David Ferris a thief, whilst setting (?) as such President; all 
which was degrading to the office, which he held, contrary to the 
dignity and importance of his office, disrespectful to the other 
members of the said Court; subversive of good order; and im- 
proper, humiliating and degrading to his brother officers; 

13th,, That the said David Ferris, is habitually addicted to 
levity, rudeness and indecorum, and to being noisy and quarrel- 
some, on public occasions, and is on such public occasions habit- 
ually rude, vulgar, and profane in his language, conversation and 
deportment, thereby improperly degrading the dignity of his 
office, and wounding the pride and feelings of the other officers 
of the Regiment to which he belongs. 

Richard Ward. 

The Commander in Chief therefore, hereby authorizes, the said 
Court of Inquiry, to proceed in the Investigation of the above 
Charges, and orders that a Copy of the said Charges and of this 
Order, together with Notice of the time and place of meeting of 
the said Court to investigate the same, be served on the said 
David Ferris six days at least, before the time of such meeting. 

By order of His Excellency: 

Sol. Van Rensselaer, Adjt. Qenl. 



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State Historian. 171 

MORE TROUBLE IN THE THIRD ARTILLERY. 

GENERAL JACOB MORTON ORDERED IN ARREST, ON OHARGBS PRE- 
FERRED BY LIEUT. COL. ANDREW 8ITGHER. 

<3. C: Headquarters, Albany, 2nd February, 1808. 

Application having been made to his Excellency the Com- 
mander in Chief by Lieutenant Col. Andrew Sitcher, of the 
first Brigade of Artillery for the arrest of Brigadier General 
Jacob Morton Commander thereof, on the Charges hereunto an- 
nexed, and for the appointment of a Court Martial to investigate 
the said Charges; 

The Commander in Chief, threfore, directs Major General Ebe- 
nezer Stevens to cause Brigadier General Jacob Morton to be 
arrested on the charges exhibited against him by Lieut. Col. 
Andrew Sitcher, and to furnish him with a copy thereof, within 
the time prescribed by Law; and further orders a Court Martial 
consisting of Brigadier General (Aquila) Giles, who will preside, 
and Iieut. Col's. (Libbeus) Loomis, (Jacob La) Montagnie, (Rich- 
ard) Dodge, (Edward) Laight, (Jonas) Mapes, (Peter) Van Zandt, 
and (David R.) Bogart of New York, (Jeremiah) Johnson of Kings, 
(John A.) Ditmas of Queens, (Pierre) Van Cortlandt and (William) 
Vail, of Westchester and (Charles) Clinton of the Artillery, of 
Orange, as Members, to assemble in the City of New York on the 
Twenty third day of February, Instant, for the purpose of investi- 
gating the said Charges, and to give the parties Notice of the time 
and place of the meeting of the said Court and to transmit the 
proceedings thereof, to the Commander in Chief without delay. 

Major General Stevens will notify the members of the said 
Court of their appointment and the time and place designed for 
their meeting. 

By order of his Excellency: 

Sol. Van Rensselaer, Adj. Genl. 

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172 Annual Report op the 

Copy of the Charges. 
! New York, October 15th, 1807. 

Copy of the Charges exhibited against Brigadier General 
Jacob Morton, by Lieutenant Col. Sitcher: 

1st, For improper conduct when presiding at a Court Martial,, 
for the trial of Major Andrew Sitcher in the month of June, last,, 
in drinking spirituous Liquors and suffering the same to be drank 
by the Members of the Court at the sitting thereof, to the inter- 
ruption of the proceedings, thereby violating the dignity of said 
Court, and thus introducing disorder and reflecting disgrace on 
the same; 

2nd, For Unofficer like conduct, contrary to his duty as Pre- 
siding Officer of the said Court, in suffering or encouraging dis- 
graceful levity during the examination of Witnesses; 

3rd, For neglect of duty, as such presiding officer in not exer- 
cising his authority to endeavor to prevent and cause such levity 
to cease; 

4th, For wilful neglect of duty, in not causing the Brigade 
Orders issued by him since the 18th of June last, to be delivered 
to Lieutenant Colonel Andrew Sitcher the Commander of the 
said Regiment of his Brigade; 

5th, For maliciously and with a View to injure the feelings 
of the said Lieut. Col. Andrew Sitcher, and in fact deprive him 
of the command illegally, directing that no such orders should 
be delivered to him; 

6th, For ignorance of duty in making an improper addition of 
four companies to the Third Regiment of his Brigade, and by 
forming all the companies in the City of New York, Eight in 
Number, composing the said Regiment into one Battalion, under 
the command of Major (Charles) Snowden and four companies on 



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State Historian. 173 

Long Island and in Westchester County, out of said city, and 
not officered in or intended to belong, to said Regiment into 
another Battalion, under the command of Major Benjamin 
Aycrigg; 

7th, For depriving Major Benjamin Aycrigg of a command in 
the City of New York illegally by the said addition; 

8th, For making an unfair and improper division of the said 

Regiment, with the intent, wilfully to deprive Major Benjamin 

Aycrigg of his legal command in the City of New York, for which 

lie was appointed Major. 

A. Sitcher, Lieut. Col., 

Command't of the 3rd Reg't of Artil'y. 



A TROOP OF CAVALRY FOR COLUMBIA COUNTY. 

O. O.: Headquarters, Albany, 28th December, 1807. 

Whereas it has been represented that it would be convenient 
and of public utility, to have two companies of Cavalry, organized 
in the County of Columbia, one thereof in Col. (John I.) Van Rens- 
selaer's Regiment and the other in Col. (Peter J.) Vosburgh's, and 
whereas it has also been represented that a company hath already 
been raised in Col. Van Rensselaer's Regiment, consisting of 
upwards of fifty men, most of whom are already equipped, and 
the equipments for the residue are nearly completed, and, whereas 
the Commander in Chief has taken measures to have any objec- 
tions which might exist against the organization of the said com- 
pany and the appointment of the officers chosen by them, laid 
before him and no satisfactory objections having been presented, 
the Commander in Chief hereby organizes the said Company of 
Cavalry, and appoints Reuben Ranney, Captain; Robert H. Van 
Rensselaer, Lieutenant; John P. Mesick, Second Lieutenant; and 
Calvin Loring, Cornet, until the pleasure of the Council of Ap- 



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174 Annual Report op the 

pointment in the premises be known; which company shall belong 
to Ool. John I. Van Rensselaer's Regiment of Cavalry and to the 
Squadron Commanded by Major (John) Whiting, and shall parade 
for annual Inspection in Col. Jacob R. Van Rensselaer's Regi- 
ment of Infantry in General (Samuel) Ten Broeck's Brigade of 
Infantry. 
By order of Excellency : 

Sol Van Rensselaer, Adjt. Genl. 



CHARGES PREFERRED AGAINST LIEUT. COL. PELL. 

G. O.: Headquarters, Albany, 16th Feby., 1808. 

Application haying been made to His Excellency, the Com- 
mander in Chief by Major Richard Ward of General (Thomas) 
Carpenter's Brigade of Militia in the County of Westchester for 
a Court of Inquiry into the conduct of Lieut. Col. David J. Pell 
on the following charges, viz: 

1st, That the aforesaid Lieut. Col. David J. Pell, did in manner 
following treat this complaint in an unofficer and ungentleman- 
like manner, to wit: In a public store in the presence of a Number 
of Citizens in New Rochelle, in the County aforesaid, some time 
in the Month of November last past, by charging the aforesaid 
Major Ward with crimes and Offences which would justify an 
arrest; the said Lieutenant Col. Pell did not then, nor at any 
time since arrest, or furnish as the Law requires, the said Major 
Ward with a written charge of any Crimes or Offences, thereby 
degrading him in the estimation of his fellow citizens without 
affording him the means of defence; 

2nd, That the said Lieut. Col. Pell indulges in inebriety and 
habitual drunkenness, degrading to the office which he holds and 
injurious to the feelings of his brother officers; 



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State Historian. 175 

The first Charge here adduced is not of sufficient weight to 
justify a Court of Inquiry to take any notice of it, and therefore 
is dismissed. 

On the second Charge a Court of Inquiry is appointed, con- 
stating of Lieut. CoPs (Pierre) Van Cortlandt, (William) Vail, and 
(Joseph) Benedict of the Westchester Brigade, Lieutenant Col. 
(Peter) Van Zandt of the New York brigade of Infantry and of 
Major (Jackson) Odel of the Westchester Squadron of Cavalry, 
and will meet at such time and place as the Major Gen'l. of the 
first Division of Infantry shall direct and will report their pro- 
ceedings to the Commander in Chief without delay. 

By order of His Excellency : 

Sol. Van Rensselaer, Adjt. Genl. 



CAPTAIN NATHAN MONGER ON TRIAL. 

G. O.: Headquarters, Albany, 16th Feby., 1808. 

Complaint having been made by Captains Solomon Buck, 
Ephriam Luce and Oliver Bush against Captain Nathan Monger 
of Lieutenant Col. (Oliver) Collin's Regiment in General (Walter) 
Martin's Brigade, and a Court of Inquiry requested to investigate 
the conduct of the said Captain Monger on the Charges follow- 

ing, viz: 

• * • • •• * • 

The Commander in Chief, therefore Orders, that Lieut. Col. 
Paul Stickney, Major Luke Winchell and Captain Gideon Shep- 
herd, compose the said Court, that they meet at such time and 
place as Brigadier General Martin shall direct, to give the parties 
Notice of such meeting and report the facts to the Commander 
in Chief without delay. 

By order of the Commander in Chief: 
; Sol. Van Rensselaer, Adj. Genl. 



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176 Annual Report op the 

another officer accused of excessive tippling. 
G. O. : Headquarters, Albany, 16th February, 1808. 

Application having been made to His Excellency, the Com- 
mander in Chief, by Lieutenant Col. Asa Random, Major Timothy 
S. Hopkins and Captain George Gardner, of Brigadier General 
(Alexander) Rea's Brigade for a Court of Inquiry into the con- 
duct of Major Sylvan us Mabee, on the following charges, viz: 

1st, For disobedience of Orders and ungentlemanlike conduct 
at Officers' meetings; 

2nd, For his uniform habit of making too great use of ardent 
spirits and fomenting quarrels on Military days. 

The Commander in Chief therefore Orders that 

compose such Court, that they meet at such time and place as 

Gen'l. Rea shall direct, that they give the parties notice of such 

meeting and report the facts without delay. 

By order of the Commander in Chief: 

j 
Sol. Van Rensselaer, Adj. Genl. 



SETTLING DISPUTED RANK. 

G. O.: Headquarters, Albany, 23rd February, 1808. 

The Commander in Chief directs that a Board of Officers, con- 
sisting of Major General (Peter) Gansevoort, Brigadiers General 
(Gerrit W.) Van Schaick, (James W.) Wilkin and (Alexander) Rea 
and Lieutenant Col. (Henry) McNeil, assemble at Lewie's City 
Tavern, on Friday the 26th Instant, at 3 o'clock P. M. to ascertain 
the disputed Rank of certain Officers in Lieutenant Col. (Adam) 
Yates's Regiment, in General (Hosea) Moffitt's Brigade; and that 
they report their decision to the Commander in Chief without 
delay. Lieut. Col. Yates will order such of his officers as have 



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State Historian. 177 

pretensions, to appear before this board, with their Commissions 

and to exhibit their claims to the end that a final adjustment may 

take place. 

By order of His Excellency: 

Sol. Van Rensselaer, Adj. Genl. 



GENERAL MORTON'S COURT MARTIAL. 

O. O. : Headquarters, Albany, 25 February 1808. 

The Commander in Chief directs in the event of the non-attend- 
ance of Lieut. Col. Van Cortlandt as a Member of the Court 
Martial ordered for the Trial of Brigadier General Morton, that 
Major General Stevens select and order either Lieut. Col. (Jacob 
S.) Jackson of Queens County, or Major (Joseph) Perine, of Rich- 
mond to supply the place of the Vacant Member, and to Order 
the attendance of the members of the said Court at such time 
and place as he may deem expedient. 
G. O.: Headquarters, Albany, 14th March, 1808. 

In the event of the non-attendance of any of the Members of 
the Court Martial ordered for the trial of Brigadier General Jacob 
Morton, who stands adjourned to the 21st Instant, the Commander 
in Chief directs Major General Stevens to supply the seats of the 
Vacant Members, by selecting and Ordering the attendance of 
such Officers as he in his discretion may deem proper for that 
purpose. 

By order of his Excellency: 

Sol. Van Rensselaer, Adj. Genl. 



A BATTALION OF RIFLEMEN ORGANIZED. 

G. O.: Headquarters, Albany, 26 Decemb. 1807. 

It having been represented by Brigadier General (Gerard) Sted- 

diford and Col. Edward W. Laight that the Company of Infan- 
12 



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178 Annual Report op the 

try commanded by Capt. Francis McClure, in the Regiment com- 
manded by Col. Laight, are desirous of becoming a Corps of 
Bifflemen and are too numerous to be exercised as a Company, 
and the Officers before mentioned at the request of the Officers 
and Privates of the s$id Company, haying desired the Com- 
mander in Chief to organize the said Company into a Battalion 
of Bifflemen; 

The Commander in Chief, therefore, conceiving the said re- 
quest reasonable and that a compliance therewith will be at- 
tended with beneficial consequences by encouraging a laudable 
zeal to promote the establishment of Riffle Corps in this State 
hereby Orders, that the said Company of Light Infantry, com- 
manded by Capt. Francis McClure, be and are hereby organized 
into a Battalion to equip themselves forthwith as Bifflmen, and 
further directs that Francis McClure take the command of said 
Battalion as Major; 

That Dan'l Fisher, Thomas McKittrick, John Morrison and 
David Andrews be Captains; 

Bobert Blakely, Joseph Tate, James Farrell and David Logan 
be Lieutenants; 

And that Hugh Walker, Bobert Dillon, Patrick Lunny, and 
Charles Eagleson be Ensigns, in the said Battalion until further 
orders or appointments. And the Commander in Chief further 
directs that the said Battalion of Bifflemen, until further orders 
be annexed to Col. Laight's Begiment of Infantry; and that Col. 
Laight apportion and assign the companies and the respective 
officers above mentioned in the said Battalion, and report to the 
Commander in Chief, on or before the first day of March next, 
the number, state of equipments, &c, of the said Battalion, to 
the end that the Officers appointed by these orders or so many of 



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State Historian. 179 

them as may be judged proper by the Council of Appointment 
may be appointed and commissioned as officers of a Battalion of 
Bifflemen. 
By order of the Commander in Chief: 

Sol. Van Rensselaer, Adj. Genl. 



PLYING ARTILLERY FOR ONONDAGA COUNTY. 

G. O. : Headquarters, Albany, 16th January, 1808. 

An application of Sylvanus Tousley and forty nine others, of- 
fering to Uniform and equip themselves as a Company of Horse 
or Plying Artilley within the Brigade of Militia in the County of 
Onondaga, whereof James Knapp is Brigadier General, having 
been presented to the Commander in Chief, and he being thereby 
satisfied that at least Forty nine Men including Officers are ready 
and willing to equip themselves agreeably to Law, hereby Orders 
and directs that the said Company of Flying or Horse Artillery 
be Organized accordingly, of which Company Sylvanus Tousley 
is to be the Captain; John James, first Lieutenant, and Simon D. 
Wattles, second Lieutenant, who are to be recognized, obeyed 
and respected accordingly, until the pleasure of the Council of 
Appointment be made known in the premises. 

The Commander in Chief further directs that the said Company 
shall be equipped with Horses, Pistols, sword and other Equip- 
ments of Cavalry, and that the uniform of said Company be the 
same as that of Captain (Joseph O.) Bogart's Company of Flying 
or Horse Artillery in the City of New York. 

And it is further directed that the said Company shall parade 
for Exercise and Improvement and to perform the duties apper- 
taining to the Corps, four times in each year, and in addition 
thereto, once in each Year with the Artillery, for annual review, 



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180 Annual Report of the 

under and pursuant to the Orders of the Brigadier General of 
the third Brigade of Artillery. 
By orde* of his Excellency: 

Sol. Van Rensselaer, Adj. Genl. 



REARRANGING THE MILITIA IN MONTGOMERY COUNTY. 

G. O.: Headquarters, Albany, 6th April, 1808. 

The Commander in Chief, having duly considered the peti- 
tions of Sundry Officers of the Regiment of Militia, in the 
County of Montgomery, Commanded by Lieut. Col. Andrew Gray, 
praying a Division of the said Regiment, and conceiving the same 
reasonable and proper, hereby directs,, that a Battalion be and is 
hereby set off from the said Regiment, which Battalion shall in- 
clude the Towns of Stratford, Salisbury, and such part of Man- 
heim as now forms the Company under the Command of Captain 
Zalmon Gilbert, and that the residue of the said Regiment, not 
comprehended in the above limits, remain a Regiment under the 
command of Lieut. Col. Gray. Captain James Clapp will take 
the command of the said Battalion and will be commissioned 
as Major for that purpose by the Council of Appointment, and 
the said Commandant is required, before the first day of June 
next, to furnish the Adjutant General with a full return of the 
names of all the officers within the limits of the said Battalion 
and of the offices held by them respectively, and of the Vacan- 
cies and persons entitled to promotion, to the end that all officers 
within the said limits may be appointed as officers in the Battal- 
ion, with rank from the dates of their respective Regimental Com- 
missions respectively. 

By order of the Commander in Chief: 

Sol. Van Rensselaer, Adj. Genl. 



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State Historian. 181 

general morton acquitted by court martial. 
G. O.: Headquarters, Albany, 12th April 1808. 

The Commander in Chief having ordered an arrest of Briga- 
dier General Jacob Morton, and appointed a Court Martial for 
his Trial, upon certain charges exhibited against him by Lieut. 
Col. Andrew Sitcher, and the proceedings and sentence of the 
said Court Martial signed by the President thereof, having been 
delivered to the Commander in Chief according to Law, on the 
Sixth day of April Instant, by which said proceedings and sen- 
tence, it appears that the said Court Martial have ordered, de- 
termined, and adjudged that Brigadier General Jacob Morton 
is not guilty of any of the charges so preferred against him, and 
have acquitted him of all and every of the said charges with the 
highest honor: 

The Commander in Chief thereupon, hereby approves the said 
sentence of the said Court Martial and dissolves the same. 
Brigadier General Jacob Morton is hereby honorably discharged 
from the said arrest and required to resume his command, of the 
first Brigade of Artillery, of this State. 

By order of his Excellency: 

Sol. Van Rensselaer, Adj. Genl. 

G. O.: Headquarters, New York, 12th May, 1808. 

It having been represented by Lieut. Col. (Libbeus) Loomis, that 
in the second Regiment of the first Brigade of Artillery the Com- 
pany whereof James D. Wallace is Commandant, is destitute of 
an officer capable of taking the command and charge at the 
parades of said Regiment, which will take place previous to the 
next meeting of the Council, and it appearing proper that some 
suitable person should be assigned for that purpose until the 



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182 Annual Report of the 

pleasure of the Council of Appointment may be known in the 
premises: 

The Commander in Chief therefore, hereby directs Brigadier 
General Morton to assign by orders, some suitable person to take 
charge and act as Commander of said Company until the 15th 
day of June next. 

By order of his Excellency: 

Sol. Van Rensselaer, Adj. Genl. 



MOBS TROUBLE IN THE THIRD REGIMENT OF ARTILLERY. 

G. O.: Headquarters, New York, 18th May, 1808. 

It having been represented to the Commander in Chief, that 
there exists a controversy respecting the rank of the Captains 
and Lieutenants of the Third Regiment of Artillery, who are 
commissioned therein in the City of New York, a board of Offi- 
cers is therefore, hereby appointed, to settle the rank of the said 
Officers, to consist of Brigadier General (Gerard) Steddiford, OoL 
Peter Curtenius, and Col. Jacob DeLamontagnie, who will meet 
for that purpose at such time and place as they shall deem con- 
venient and proper; 

And it is further Ordered that notice of the time and place of 
the meeting of the said board of Officers be given to the several 
Officers between whom there is a Controversy about rank. 

By order of the Commander in Chief: 

J. W. Livingston, Col. and Aide-de-Camp. 
New York, 8th September, 1808. 

Pursuant to General orders of the 18th May last, which di- 
rected a board of officers to set (?) in the City of New York, in 
order to settle a Controversy respecting rank of the Captains and 
Lieutenants of the Third regiment of Artillery who are corn- 



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State Historian. 183 

missioned therein, Brigadier General Steddiford and Col. Peter 
Curtenius and Col. Jacob De Lamontagnie Members, the board 
being formed and proceeded to business, are decided in their 
opinion that the Captains and Lieutenants, that formerly be- 
longed to the Brigade of Infantry, and now commissioned in the 
Third Regiment of Artillery, are not entitled to any rank fcom 
their Infantry commissions. It did not appear to us that any 
regular transfer had been made of those officers to the third Regi- 
ment of Artillery. 

All of which is respectfully submitted. 

Gerrard Steddiford, Brig'r Gen'l. 
Jacob De Lamontagnie, Lieut. Col. 

His. Excellency, the Commander in Chief. 



ARRANGING FOR MORE) RIFLEMEN. 

Headquarters, Albany, 21st June, 1808. 

The Commander in Chief, by Virtue of an Act passed the last 
session of the Legislature, authorizing him to form a Battalion 
of Rifflemen, in each Brigade of Infantry, orders, that the Com- 
pany lately commanded by Captain (Francis) McClure, in General 
Steddiford's brigade, be organized into a Battalion of Rifflemen, 
and to be commanded by Major McClure who is commissioned 
for that purpose. General Steddiford will give the necessary 
Orders to this effect, and it is hoped will promote the Establish- 
ment of this useful Corps. 

The flirst Regiment of Light Infantry, excepting that portion of 
it Oirganized into a Riffle Corps, is transferred to an ordinary beat 
Regiment. General Steddiford will assign a suitable portion or 
district of the beats of the other Regiments, to this Regiment, 
and fix and regulate the beats of the other Regiments, as far as 



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184 Annual Report op the 

such assignment for the six Regiments renders it necessary and 
proper, the result of which he will communicate to the Adjutant 
General. 

By order of His Excellency: 

Sol. Van Rensselaer, Adj. Genl. 



MORE FLYING ARTILLERY. 

Headquarters, New York, 30th June, 1808. 

Pursuant to an Act of the Legislature, passed the last session, 
entitled "An Act to further amend the Laws respecting the 
Militia of this State, passed the third day of April, 1808," the 
Commander in Chief of the said State, deeming it necessary and 
expedient, to organize in the first brigade of Artillery, .of the 
said State, one company of Flying or Horse Artillery, and be- 
ing satisfied that at least fifty Men, including Officers, are ready 
and willing to equip themselves, agreeably to Law under the 
Command of the officers hereafter mentioned, does hereby organ- 
ize such Company and orders, directs, and appoints, that Joseph 
O. Bogart of the City of New York be captain of the said Com- 
pany, John Lovell of the same place, first Lieutenant, John 
Boscowan of the same place, second Lieutenant and John Graff, 
Cornet; and he further Orders and directs, that the Uniform of 
the said company continue the same as it heretofore has been, 
under Captain John Fink. 

By order of the Commander in Chief: 

John W. Livingston, Lt. Col. and Aide-De-Camp. 
Headquarters, New York, July 1st, 1808. 

Organized a company of Flying Artillery to be commanded by 
William Wallace, Captain; Benjamin W. Rogers, 1st Lieutenant; 
William Craig, 2nd Do; Robert L. Patterson, Cornet. 

General orders as above. 



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State Historian. 185 

promotions. 
Headquarters, New York, 1st July, 1808. 
Lieutenant Col. Curtenius, of the first Brigade of Artillery, 
having represented that there is a vacancy for one Second Lieu- 
tenant, and for Quartermaster, in his Regiment, and having de- 
sired the following persons to be appointed, the Commander in 
Chief therefore, hereby orders and directs, that Daniel Baehr 
act as and perform the duties of Second Lieutenant in the said 
Regiment, and be respected and obeyed accordingly, and that 
Caleb Hopkins act as and perform the duties of Quartermaster 
of said Regiment, and be respected and obeyed accordingly, until 
the pleasure of the Council of Appointment be known. 
By order of the Commander in Chief: 

J. W. Livingston, Lt. Col. and A.-D.-Camp. 
Headquarters, New York, July 2nd, 1808. 

It having been represented that there is a Vacancy for second 
Lieutenant in the Third Regiment of Artillery, of the first Brigade, 
and that Mr. Edward Rockwell was intended to be returned and 
commissioned as such, but that on account of some mistake or 
omission he has not been returned, or if returned has not been 
commissioned; 

The Commander in Chief therefore, hereby orders and directs,, 
that the said Edward Rockwell be assigned as Second Lieutenant 
in the said Regiment, and be respected and obeyed as such until 
the pleasure of the Council of Appointment be known in the 
premises. 

By order of the Commander in Chief: 



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186 Annual Report of the 

col. goodspbed's regiment shifted. 
G. O.: Headquarters, New York, 13th July, 1808. 

It having been represented to the Commander in Chief that it 
would greatly accommodate the officers and soldiers of the Regi- 
ment, commanded by Col. (Luke) Goodspeed in the Brigade of 
Militia, whereof Alexander Rhea (Rea) Esq'r is Brigadier General, 
and would not counteract the wishes either of Gen'l. Rea oir of 
General (George) McClure, if the said Regiment commanded by 
Col. Goodspeed, were detached from General Rhea's Brigade, and 
annexed to General McClure's; 

The Commander in Chief therefore hereby orders, that the said 
Regiment henceforth until further orders, be separated from Gen- 
eral Rea's Brigade, and be annexed to the Brigade whereof George 
McClure Esq. of the County of Steuben, is Brigadier General, and 
the officers and soldiers of the said Regiment, are commanded to 
obey and respect him as their Brigadier General accordingly; 

And it is further directed that General Alexander Rhea and 
also the Field officers of said Goodspeed's Regiment, be severally 
notified without delay of this order and that General McClure 
cause such notice to be given. 

By order of the Commander in Chief: 

John W. Livingston, Col. and A.-D.-Camp. 



A NEW ARTILLERY COMPANY FOR NEW YORK CITY. 

G. O.: Headquarters, New York, 13th July, 1808. 

It having been represented unto me that a company of Artillery 
in the City of New York has associated together and are ready to 
equip themselves if they can be organized as a company, and the 
Commander in Chief deeming it of public importance to en- 
courage Volunteer Corps of Young men, hereby organizes the 



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State Historian. 187 

said company, and directs that John Delafleld Jun'r take the com- 
mand thereof, as Captain, Augustus Herring, as first Lieutenant 
and John Alsop King, as second Lieutenant, thereof, and that the 
said company when uniformed and equipped be attached to a 
Battalion of Artillery in the first Brigade about to be organized, 
consisting of Captains of Artillery in Kings, Suffolk and West- 
chester Counties and the above Company hereby organized are to 
be attached to the first Brigade of Artillery of this State. 



PROMOTIONS. 

G. O. : Headquarters, New York, 13th July, 1808. 

Whereas David Crocheron was returned as Adjutant for the 
Regiment of Militia in Richmond County, by the Commandant of 
said Regiment, but his name was either omitted in the Brigade 
returns, or if contained in that return, he was not appointed by 
mistake of the Council of Appointment; 

The Commander in Chief therefore hereby appoints, the said 
David Crocheron, to be Adjutant of the said Regiment, and to 
be respected and obeyed accordingly, until the pleasure of the 
Council of Appointment in the premises be known. 
By order of his Excellency: 

Sol. Van Rensselaer, Adj. GenL 

G. O.: Headquarters, New York, July 14th, 1808. 

Thomas McKettrick having been returned to the Council of 
Appointment for the appointment of captain, and on account of 
some mistake or accident not having received his commission as 
such; 

The Commander in Chief, therefore, hereby appoints and as- 
iign him a Captain in Major McClure's Battalion of Rifflemen and 



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188 Annual Report op the 

orders and directs that the said Thomas McKittrick be obeyed 
and respected accordingly, until the pleasure of the Council of 
Appointment be known in the premises. 

By order of the Commander in Chief: 

John W. Livingston, Col. and A.-D.-Camp. 

O. O.: Headquarters, New York, 20th July, 1808. 

It having been represented that Gilbert Haight, Andrew Bra- 
man and George W. Brown were intended to be included in the 
return of vacancies and promotions, for the Third Regiment of 
Artillery, in the first Brigade of this State, for the offices of sec- 
ond Lieutenants respectively, but that by some mistake or inad- 
vertence, they were not so returned and accordingly not ap- 
pointed; 

The Commander in Chief therefore hereby appoints, the said 
Gilbert Haight, Andrew Braman, and George W. Brown, second 
Lieutenants in the said Regiment, and they are directed to be 
respected and obeyed accordingly, until the pleasure of the Coun- 
cil of Appointment in this respect be made known. 

And it is further ordered and directed that the several persons 
above named, be assigned to, and act as second Lieutenants of 
the Companies to which they have respectively been attached, 
and in which they have severally acted in that capacity. 
By order of the Commander in Chief: 

G. O. : Headquarters, New York, 10th Aug'st, 1808. 

There having been no assignment of Lieutenant Colonel of the 
Fourth Regiment in Brigadier General Steddiford's Brigade, the 
Commander in Chief directs that Lieutenant Col. Jasper Ward, 
heretofore attached to the said Regiment, be assigned to the com- 
mand thereof, and he is hereby required to take command and is 

_,«. . ;— i sm 



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State Historian. 189 

to be obeyed and respected by the officers of the said fourth Regi- 
ment, as their Lieutenant Colonel accordingly. 

By order of the Commander in Chief: 

Sol. Van Rensselaer, Adj. Genl. 

G. O. : Headquarters, New York, 10th August, 1808. 

It having been represented to the Commander in Chief, that in 
the Seventh Regiment of Militia, in the city of New York, 
whereof Jacob De Lamontagnie is Lieutenant Colonel, there are 
sundry vacancies to fill, which until the pleasure of the Council 
be known, the following Persons have been named and recom- 
mended: 

The Commander in Chief, therefore, hereby orders and directs 
that the following persons be assigned and appointed to act in 
the said Regiment, in the several offices opposite their respective 
names, until the pleasure of the Council in the premises shall be 
known : 

Richard L. Walker, Surgeon; John D. Brown, Ensign; Benja- 
min L. Day, Ensign; John P. Foote, Ensign; James Boyd Jun'r, 
Ensign; Daniel Smith, Ensign; Nathaniel Smith, Ensign; Ste- 
phen Jarvis, Ensign. 

Which said persons are to be respected and obeyed accordingly 
in their respective offices; and the Commander in Chief further 
requests and directs, that notwithstanding the date of these 
orders, Colonel Montagnie will give such rank to the Ensigns 
herein assigned, and who were returned by him for the same ap- 
pointments before the last session of the Council of Appoint- 
ment, as shall appear to him just and proper, and he is hereby 
empowered by orders to fix and regulate the rank of the EnBlgns 



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190 Annual Report op the 

accordingly, which orders shall be as effectual and conclusive as 
the order of the Commander in Chief in that respect could be. 
By order of the Commander in Chief: 

J. W. Livingston, Lt. Col. and A. D. C. 



THE THIRD REGIMENT OP ARTILLERY REORGANIZED. 

▲ STEP NECESSITATED BY INTERNAL DISSENSIONS — COL. SITCHBB 
DEPRIVED OP COMMAND. 

State of New York, 
G. O.: Headquarters, New York, 12th Aug'st, 1808. 

The Commander in Chief deeming it his duty to reorganize the 
third Regiment of Artillery in the first Brigade, has judged it 
expedient, to assign in orders his reasons for revoking the for- 
mer orders upon this subject, and for his belief that the organi- 
zation hereby established will better comport with the views and 
intentions of the Legislature of the Council of Appointment and 
of the Commander in Chief, by whom the farmer orders were 
issued. 

The application for a Law authorizing the organization of a 
Third Regiment of Artillery in the first Brigade. originated with 
the Artillery officers in the City of New York, and altho' the Law 
passed upon that occasion was general in its terms, yet the inten- 
tion of the Legislature is inferable from the duties and privileges 
prescribed, which duties and privileges were never before or since 
imposed or conferred upon the Country Artillery; and in a subse- 
quent Act of the same session, the Legislature expressly recog- 
nizes the said Regiment as the Third Regiment of Artillery in 
the City of New York. 

That the Council of Appointment, consisting of the Commander 
in Chief and Members of the Legislature, so considered it, is evi- 



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State Historian. 191 

dent from the fact of their having appointed in the Regiment 
none bnt the officers of companies in the City of New York, and 
of their having commissioned them expressly "officers of the 
Third Regiment of Artillery in the City of New York." Besides, 
that they did not deem the Country companies of Major Sitcher's 
Battalion as intended to belong to the Third Regiment as is fully 
proved by their appointments, which in case those companies 
were to compose part of that Regiment, manifestly violated the 
rank of the Country Captains, and it is not to be presumed the 
Council intended such violation. Under these circumstances, the 
Commander in Chief has no doubt that both the Legislature and 
the Council of Appointment designed the Third Regiment to 
consist of the eight New York Companies of Major Sitcher's Bat- 
talion, and that the General Orders organizing the said Regi- 
ment were issued under an impression at the time, that the said 
Battalion consisted of those Companies only. 

He, therefore, hereby revokes and annuls the original General 
Orders organizing said Regiment, and directs that the Third 
Regiment of Artillery of the first Brigade, be henceforth com- 
posed of the companies of Artillery in the City of New York at 
that time attached to Major Sitcher's Battalion, which may have 
been since annexed to the Third Regiment. Major General 
Stevens will divide the said Regiment as herein established into 
two Battalions, as nearly equal in Numbers as may be, and will 
assign to the command of each, one of the Majors commissioned 
in the said Regiment. 

The companies of Artillery in the first Brigade not attached 
to either of the Regiments, are formed into two Battalions, one 
of which will consist of Captain (Martin) Boerum's and Captain 
(John) Delafield's, (Jr's), companies, and the two companies of 
Plying Artillery lately organized in the City of New York, and 



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192 * Annual Report of the 

the other Battalion will be composed of the companies of Artil- 
lery in the counties of Suffolk, Queens and Westchester. The 
Major General will have the rank of the Captains of the respec- 
tive Battalions ascertained, and assign by orders to the command 
of each, the Captain therein, who is senior in rank, and will sup- 
ply the vacancies occasioned by the promotions of Captains to 
the command of the respective battalions. 

The division orders suspending Lieut. Col. Andrew Sitcher are 
revoked, and vacated, and the said Andrew Sitcher restored to his 
rank in the first Brigade as a Lieut. Colonel therein, but he will 
not, in consequence of these orders, resume the command of the 
Third Regiment. ' 

The mode of promotion in the three Regiments of the first 
Brigade being unsettled, and having been sometimes by Brigade 
and occasionally by Regiments, and there Toeing a diversity of 
opinions concerning the legal and proper mode of promotion 
therein, the Commander in Chief desires it to be understood, that 
the arrangement and disposition of officers hereinafter made, is 
not to be taken as the result of any definative opinion of his upon 
that question, but as adopted for the purpose of restoring har- 
mony and prosperity in the Corps. 

Major Francis Saltus is for the present transferred and as- 
signed to the command of the Third Regiment as Lieut. Colonel 
thereof, and is to be obeyed and respected by the Officers of the 
said Regiment accordingly, and the vacancies occasioned by the 
transfer of Major Saltus from the Second to the Third Regiment, 
will be filled with due regard to rank, by the orders of Major 
General Stevens. 

By order of His Excellency: 

John W. Livingston, Lt. Col. and 
Aid D. C. 



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State Historian. 193 

mobs evidence of lack of discipline. 
Sir: Canandaigua, July 30th, 1808. 

In pursuance of the fourth section of an Act, supplementary to 
the Militia Law passed April 5th, 1803, I have to complain 
against James Rose, a captain in my Regiment, as being guilty 
of improper conduct, particularly a habit of frequent intoxica- 
tion, in which he indulges to great excess, and in a manner de- 
grading to his office, and I request that you will appoint a Court 
of Inquiry to investigate his conduct. 

I am, Sir, with great respect, Your very humble servant, 

Peter B. Porter, Lieut. Col. Com't. 

His Excellency, Dan'l D. Tompkins, Oomm'r in Chief. 

State of New York, Headquarters, Albany, 27th Octob., 1808. 
G. O.: 

Whereas, Peter B. Porter, Esq'r, Lieut. Col. of a Regiment in 
General John Swift's Brigade hath made complaint against James 
Rose a captain in the Regiment whereof the said Peter B. Porter 
is Lieutenant Colonel Commandant, "for improper conduct de- 
grading to the office of the said Captain, namely, for being guilty 
of improper conduct, particularly a habit of frequent intoxica- 
tion, in which he indulges to great excess and in a manner de- 
grading to his office,"; 

The Commander in Chief doth, therefore, hereby, pursuant to 

the provisions of the Act entitled "An Act supplementary to an 

Act to amend an Act entitled An Act to organize the Militia of 

this State", appoint Lieut. Col. Philetus Swift, Captain Wells 

Whiteman and Captain Elihu Granger, a Court of Inquiry, to 

investigate the said conduct of the said Captain Rose, of which 

Court Philetus Swift will be President; 

And it is further directed that the said Court fix the time and 
13 



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194 Annual Report op the 

place of their meeting for the above purpose, and that a copy of 
the charges to be investigated, and notice of the time and place of 
such meeting, be given to the said James Rose, six days at least 
previously thereto. 

By order of the Commander in Chief. 

Anthony Lamb, A. D. C. and Lt. Col. 



CAPT. JACKWAYS' TROOP OF HORSE. 

G. O.: Headquarters, New York, 13th Aug't, 1808. 

The Commander in Chief of the State of New York, having been 
informed that a company of cavalry in the Squadron whereof 
James Warner Esq'r is commandant, will equip themselves ac- 
cording to Law if they can be organized, and Mr. Abraham Jack- 
ways having been recommended as captain of such new company 
by General Giles and Major Warner; 

The Commander in Chief, therefore, hereby organizes a new 
Company of cavalry in the said Squadron of which company the 
said Abraham Jackways will be captain, who is directed to pro- 
ceed with the enlistment and equipment of a company of cavalry 

accordingly. 

By order of the Commander in Chief: 

John W. Livingston, Lt. Col. and A. D. C. 



THE EMBARGO CAUSES INSURRECTIONS.* 

PROMPT ARRIVAL OF THE MILITIA PREVENTS SIXTY ARMED MEN FROM 
MAKING TROUBLE IN THE TOWN OF OSWEGO. 

G. O: Headquarters, New York, 19th Aug'st, 1808. 

It appearing from official documents recently communicated to 
the Commander in Chief, that it has become necessary to detach a 

• This trouble was directly traceable to the Embargo which was President Jefferson*! 
alternative for War. Many of the wisest statesmen In the country questioned the con- 
stitutionality of the act, which was purely retaliatory against England and France; 



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State Historian. 195 

Military force to the port and village, of Oswego, in the County 
of Onondaga, to compel obedience to the Laws, the execution of 
which has been forcibly resisted at that place, and that a body of 
Millitia, consisting of forty privates properly officered, had ac- 
cordingly been posted at that Town by Levi Lawrence, of a Regi- 
ment there, pursuant to instructions from four of the Judges 
and Justices of that County, to suppress the existing insurrec- 
tion and to aid the Collector of the said port to carry into effect 
the Laws of the United States against the armed and violent 
resistance made thereto at the said port and its vicinity; these 
facts, connected with the information that the Insurrection still 
exists, in the judgment of the Commander in Chief creates an 
emergency in which it has become necessary for him either to 
direct a continuance in Service until the twenty fifth day of 
September next of the Militia heretofore stationed at Oswego, 

against England because that nation had adopted orders in Council to destroy all marl- 
time intercourse between the United States and Prance, for at that time, the great war 
which Napoleon was waging against the European powers, was consuming vast quanti- 
ties of bread stuffs raised In the United States and carried by American ships; the em- 
bargo was directed at France, because Napoleon bad issued decrees that rendered 
American vessels liable to seizure and condemnation for carrying on, what heretofore 
had been recognized as, lawful trade with England. 

When Jefferson recommended that an embargo be placed on all American shipping — 
and he failed to give the American people his reasons or to take them Into his confi- 
dence or to ask advice of those best qualified to advise him— Congress under closed 
doors, with night sessions, with debates of which no record was ever kept, whipped 
through a measure conformably with Jefferson's views, by the power of a majority at 
once defiant and reckless. 

The embargo entailed incalculable distress upon the country and paralyzed American 
shipping. As a consequence, smuggling was carried on in the most flagrant manner 
between our border States and Canada, by means of the great lakes, especially of Lake 
Cbamplain, Canadian politicians stimulating the illicit trade and dissensions among 
the American people by every means at their command. 

Jefferson signed the act December 22, 1807; less than four months after, April 19, 
1808. he was forced to issue a proclamation declaring that, on Lake Champlaln and in 
the adjacent country, persons were organizing for the purpose of forming insurrections 
against the laws. Rafts of lumber, freighted with stores of all kinds, gathered near the 
boundary line; one report described a raft half a mile long, with a ball proof fort carry- 
ing between five and six hundred men, determined to defy the Customs Officers to 
the end. 

The first serious affray between the Customs Officers and the smugglers occurred at 
Burlington on the Winooski River. The smugglers were aboard a piratical looking craft, 
called " Black Snake." Two government officers were killed. Frequent attempts were 



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• 196 Annual Report of the 

or to require the Commandant of the Brigade of the County of 
Onondaga to substitute in their place a new detachment; 

Col. Nehemiah Earl, Commandant of said Brigade, is therefore, 
hereby directed to cause an immediate compliance with this order, 
either by directing the detachment already in service to continue 
therein until the 25th of September now next, or by substituting 
in their place a new detachment from the Brigade under his com- 
mand of Militia, including officers to be in service 

until that time as he shall deem best calculated to promote the 
convenience of the Militia of his Brigade and the public service. 

In the execution of these orders it is particularly enjoined by 
the Commander in Chief, that the Commandant of said Brigade 
use great caution in the choice and assignment of suitable char- 
acters for the command of the detachment. It is confidently 

expected that the officers so selected and assigned 

and they are strictly commanded to proceed in the execution of 
their appointment with the utmost prudence and circumspection. 

If it should be found impracticable by a recurrence to mild 

made to kidnap Custom House Officers who were stationed along the lake. Generally, 
the assailants were beaten off, though casualties frequently occurred on both sides. 

At Oswego, Collector Joel Burt seized a large quantity of Canadian flour which had 
been smuggled through the lines. A few days later sixty armed men, many of whom 
were reported to hall from Jefferson County, landed at Oswego in ten boats, and boldly 
announced their determination to recapture the flour. They swaggered through Oswego 
all day, uttering the threat that at eleven o'clock that night they proposed to attack 
the Custom House and " clear out the town or burn it" 

Collector Burt, In the meantime however, bad not been idle. He had but a short 
time to prepare for defence. He sent a mounted courier to the southern part of th,e 
County for a troop of Dragoons. The commanding officer, waiving ail military eti- 
quette, prompUy complied with the request He saddled his outfit and proceeded to 
within six miles of Oswego. Here he laid under cover until half past nine o'clock a't 
night, when the command started for the seat of trouble. 

In the meantime, the marauders had gathered in the streets, fully armed. They wer< 3 
on the point of making their attack, when the sound of galloping horses fell upon thel r 
ears. A moment later they were panic stricken to see a column of Dragoons bearing 
down upon them. Without waiting to fire a shot they divided and took to the woods , 
each escaping to his home as best he could. Tfce ten boats which brought them tc > 
Oswego were confiscated by the United States authorities. 

For the Lake Champlain episode, see pages 2u£-209, 210. 

STATE HISTORIAN. 



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State Historian. 197 

measures to reclaim from their errors those deluded citizens who 
have wickedly indulged themselves in frequent violations of their 
civil obligations, by armed and forcible opposition to the Execu- 
tion of the Laws, then force must be employed to rescue the in- 
sulted laws from the violence of these offenders, to suppress the 
existing Insurrection and to prevent any armed or forcible arrest 
and removal of vessels or property legally detained or seized by 
the Collector of the district of Oswego. 

If volunteers sufficient for the above purpose can be procured 
they will be preferred, and their services cheerfully accepted; 
the Troops when detached will be stationed by the officers as- 
signed to command them, under the direction and with the ap- 
probation of Col. John W. Livingston, Aid-de-camp, to the Com- 
mander in Chief and the Collector. The officers and men when so 
stationed will be deemed in actual service, will receive the pay 
and rations allowed to the regular Troops of the United States 
and will be subject to the rules and articles of war established by 

the Laws of the United States. 

Daniel D. Tompkins. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Lt. Col. and A, D. 0. 



MAJOR DAVIS TEMPORARILY SUCCEEDS MAJOR PAULDING. 

<*. O.: Headquarters, N. York, 13 Sept., 1808. 

William Paulding, Jun'r, first Major of the Sixth, formerly of 
the First Light Infantry Begiment, having been appointed Lieu- 
tenant Colonel and Aid-de-Camp to the Commander in Chief, his 
place in the Begiment will for the present be filled by Joel Davis, 
first Major of the Seventh, who is to be obeyed and respected as 



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198 Annual Report op the 

acting first Major of the Sixth, but without prejudicing the 
Bank and right of Major Paulding to promotion in the line, or to 
reassume his command in the said Regiment, whenever by orders 
he shall be so directed. 

Brigadier-General Steddiford will cause these orders to be car- 
ried into effect by transferring Major Davis to the Sixth, and by 
supplying his absence from the Seventh Regiment agreeably to 
the seniority of rank. 

Daniel D. Tompkins. 



THE DISSENSIONS IN THE THIRD ARTILLERY. 

G. O.: Headquarters, New York, 14th Sept., 1808. 

A majority of a Board of Officers appointed to settle the Rank 
of the officers of the Third Regiment of Artillery in the First 
Brigade, having reported to the Commander in Chief their opin- 
ion that the Captains and Lieutenants commissioned in said 
Regiment who formerly belonged to the Brigade of Infantry are 
not entitled to any Rank or precedence in the Artillery, in conse- 
quence of thir Infantry Commissions, inasmuch as no regular 
transfer of those officers from the Infantry to the Artillery has 
been made. 

The Commander in Chief directs, that the rank of the Cap- 
tains and Lieutenants of the said Third Regiment of Artillery, 
be forthwith ascertained and established, with reference to the 
dates of their commissions in the Artillery, without giving pre- 
cedence or priority of rank on account of their former Infantry 
Commissions; and he further directs in case Brevets of some of 
the said officers in the artillery had been issued before the date 
of their regular commissions upon appointments by the Council 
of Appointment and precedence or priority of Rank be claimed 



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State Historian. 199 

in consequence of the anterior dates of said Brevets, that the 
Major General in orders decide upon and dispose of such claim. 
By order of the Commander in Chief: 

, Wm. Paulding Jun'r, Lt. Col. and A. D. C. 



FOUR PARADES A YEAR FOR THE FLYING ARTILLERY. 

G. O.: Headquarters, New York, 19th September, 1808. 

The Commander in Chief hereby directs that the companies of 
Horse or Flying Artillery, heretofore Organized in the City of 
New York do parade four times a year by companies, and twice 
a year by Battalions, in the Battalion organized by General or- 
ders of the 12th of August last. 

By order of the Commander in Chief: 

Wm. Paulding Jun'r, Lt. Col. and A. D. C. 



GOV. TOMPKINS COMMENDS THE CAVALRY AND RIFLEMEN. 

G. O. : Headquarters, New York, 4th October, 1808. 

The Commander in Chief announces to General Steddiford's 
Brigade of Infantry, to the Squadron of Cavalry and Battalion 
of Rifflemen, his approbation of their appearance and conduct 
during the review of yesterday. The circumstance of a parade 
of the Artillery on the same day afforded an excellent opportunity 
for ascertaining the supply of arms and equipments with which the 
Infantry are provided, independent of loans from the Uniformed 
Corps, and it yielded great satisfaction to the reviewing officers, 
to observe an unusually general attendance of the Militia and 
an unexpected supply of Arms and Equipments in good con- 
dition. The Commander in Chief was not only gratified at this 
circumstance, but avails himself of the occasion to express his 



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200 Annual Report op the 

unfeigned praise of the orderly and soldierly conduct of the 
Troops generally, both in forming and preserving the line and on 
their march. 
By order of the Commander in Chief: 



AND ALSO THE ARTILLERY. 

New York, October 4th, 1808. 
It yields to the Commander in Chief much satisfaction to in- 
form the first Brigade of Artillery that he was particularly 
pleased with their dress, Equipments, movements and discipline 
on the parade of the 3d Instant at Dyde's Hotel. Their 
correct and soldierly appearance and deportment both on their 
march and at the review, reflects the highest honour on them, 
and merits and receives the warmest praise of the Commander 
in Chief. 

By order of the Commander in Chief: 



FOR A GENERAL REORGANIZATION. 

Circular. 

The Brigadier Generals will proceed to comply with the an- 
nexed General orders without waiting for Division orders. It 
is advised that the detachments from the several divisions be 
organized as follows: 

From the Artillery, into two Regiments; 

Prom the Cavalry, into two Regiments; 

From the 1st Division of Infantry into three Regiments; 

From the 2d Do into two Regiments; 

From the 3d Do into two Regiments; 

From the 4th Do into four Do; 

From the 5th Do into five Do. 



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State Historian. 201 

Every company ought to contain, as nearly as practicable, sev- 
enty-five men, including officers. Forms of Inspection returns of 
Companies, Battalions, and Regiments, with copies of the Act of 
February 24th, 1807, referred to in General orders, and the form 
of the caption of the roll to be subscribed by uniform companies 
who choose to avail themselves of its provisions, are enclosed. 
Brigade Inspectors are requested to send orders for blank returns 
to the Adjutant General's office, by persons or agents who will 
receive and convey the said returns to the several Brigades annu- 
ally. 



PREPARING FOR ACTIVE HOSTILITIES. 

THE ACT OP FEB. 24, 1807, WHEN WAR WITH ENGLAND SEEMED 

IMMINENT. 

An act authorizing the President of the United States to accept the service of a 
■umber of volunteer companies not exceeding Thirty Thousand Men. 

Section 1st Be it enacted by the Senate and House of Representatives of the United 
States of America, In Congress assembled, that the President of the United States be, 
and he hereby is, authorised to accept of any company or companies of Volunteers, 
either of Artillery, Cavalry or Infantry, who may associate and offer themselves for the 
service, not exceeding Thirty thousand men, who shall be clothed and furnished with horses 
at their own expense, and armed and equipped at the expense of the United States, after 
they shall be called Into service, except such of them as may choose to furnish their 
own arms, and whose commissioned officers shall be appointed in the manner pre- 
scribed by Law in the several States and territories to which such Companies shall 
respectively belong; Provided, That where any Company, battalion, regiment, brigade 
or division of Militia already organised, shall tender their voluntary service to the 
United States, such Company, Battalion, Regiment, Brigade or Division shall continue 
to be commanded by the Officers holding commissions in the same at the time of such 
tender; and any Vacancy thereafter occurring shall be filled in the mode pointed out 
by Law in the State or territory wherein the said Company, Battalion, Regiment, Brig- 
ade or Division shall have been originally raised. 

Sect. 2. And bb it further enacted, That any Company, battalion, regiment, 
brigade or division, thus offering itself for the service, shall be liable to be called upon 
to do Military duty at any time the President of the United States shall Judge proper, 
within two years after he shall accept the same, and shall be bound to continue in 
service for the Term of Twelve months after they shall have arrived at the place of 
rendezvous, unless sooner discharged; and when called into actual service, and whilst 
remaining therein, shall be under the same rules and regulations, and be entitled to the 
same pay, rations, forage and emoluments of every kind, bounty and clothing excepted, 
with the regular troops, of the United States. 

PROVIDED, That in lieu of clothing, every non-commissioned Officer and private in 
any company, who may thus offer themselves, shall be entitled, when called into actual 
service, to receive in money a sum equal to the cost of the clothing of a non-commis- 



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202 Annual Report of the 

Bioned Officer or private (as the case may be) in the regular troops of the United 
States. 

Sect 3. And be it further enacted, That the President of the United States be, 
and he hereby is authorized to organize the companies so tendering their services as 
aforesaid, into battalions, squadrons, regiments, brigades and divisions, as soon as the 
number of volunteers shall render such organization in his judgment, expedient, but 
until called into actual service, such companies shall be bound to do regular militia 
duty as is required by law, in like manner as before the passage of this act. 

Sect 4. And be it further enacted, That in case of any volunteer above men- 
tioned, while in actual service, shall sustain any damage, by injury done to his horse, 
or such other equipment as shall have been furnished at his own expense, or by loss of 
the same, without any fault or negligence on his part, a reasonable sum, to be ascer- 
tained in such manner as the President of the United States may direct shall be allowed 
and paid to such volunteer for each and every such damage or loss. 

Sect 6. And be it further enacted, That the sum of Five hundred thousand 
Dollars to be paid out of any Monies in the Treasury not otherwise appropriated, be and 
the same hereby is appropriated, towards defraying any expense incurred by virtue of 
the provisions of this Act 

Nath'l Macon, Speaker of the House of Representatives. 

Geo. Clinton, Vice President of the United States and President of the Senate. 

Approved, 24th Feb'y, 1807. 

Th. Jefferson. 

Blank form for volunteer companies. 

We the subscribers, officers, non-commissioned officers, musi- 
cians and privates of a company of in the County of 

and State of New York, do hereby associate and offer 

ourselves as volunteers to the President of the United States, in 
conformity to General Orders of the Commander in Chief of this 
State, dated, Headquarters, Albany, 15th November, 1808, and 
under and pursuant to the provisions of the Act of Congress, en- 
titled " An Act authorizing the President of the United States to 
accept the service of a number of volunteer companies, not ex- 
ceeding thirty thousand men," passed the 24th day of February, 
1807. v 

In testimony whereof we have hereunto severally subscribed 
our names the day of 1808. 

An Inspection return of the Company ought to be annexed the 

above Roll. 

Sol. Van Rensselaer, Adj. Genl. 



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State Historian. 203 

NEW YORK'S QUOTA UNDER THE LAW. 

AND HOW IT WAS PROPORTIONED OVER THE STATE. 

Headquarters, Albany, 15th Nov., 1808. 
O. O.: 

The President of the United States, by virtue of an Act of Con- 
gress, entitled " An Act authorizing a detachment from the Mil- 
itia of the United States," passed the 30th day of March 1808, has 
required the Commander in Chief of this State to detach Fourteen 
thousand Three hundred and Eighty nine of the Militia thereof, 
and to Organize the same into Companies, Battalions, Regiments, 
Brigades and divisions. 

The above quota is therefore apportioned amongst and is with- 
out delay to be detached from the several divisions as follows: 

From the Division of Artillery, 1,200 

" of Cavalry 900 

From the first Division of Infantry, 2,065 

Second Do, 1,650 

Third Do, 1,600 

Fourth Division 2,494 

Fifth Do, 4,480 



14,389 

The several Brigades are to furnish the following proportions 
of the Division detachments: 

Div. 
Brig. Div. 

Artillery Quota. Quota. 

Brigadier General (Jacob) Morton's Brigade, 551 

(James W.) Wilkin's " 269 

(Peter) Van Slyck's " 380 



Cavalry. 
Brigadier General (Aquila) Giles's Brigade, 438 

(Jonas) Piatt's " 462 



1,200 



900 



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204 



Annual Report of the 



First Division of Infantry. 

General (Gerard) Steddiford's Brigade, New York 

and Richmond, 
(Jacob S.) Jackson's <( 

Kings County, 
(Thomas) Carpenter's il 
(Sylvester) Dering's " 



Diw 
Brig. 
Quota. 



1,160 



Queens and 

Westchester, 
Suffolk, 



275 

370 
260 



Second Division of Infantry. 






General (John B.) Van Wyck's Brigade 


, Dutchess 




County, 




295 


(Edmund) Per Lee's " 




340 


(Reuben) Hopkin's u 


Orange 




and Rockland, 




325 


(Siah) Robinson's " 


Ulster, 


350 


(Moses) Cantine's " 




340 


Third Division of Infantry. 






General (Samuel) Ten Broeck's Brigade, 


Columbia 




County, 




419 


(Hosea) Moffitt's " 


Rensselaer, 


411 


(Warren) Ferris* " 


Washington, 


170 


(Simeon) De Rider's " 




338 


(Benjamin) Mooer's " 


Clinton, 




Essex and Franklin, 




262 


Fourth Division of Infantry. 






General (Samuel) Clark's Brigade 


, Saratoga 




County, 




538 


(Gerrit) Van Schaick's " 


Albany, 


250 


(Paul) Todd's " 




281 


(Daniel) Brown's, (Jr.) . u 


Greene, 


307 


(Erastus) Root's " 


Delaware, 


312 


(Freegift) Patchin's " 


Schoharie, 


251 


(Abraham) Veeder's " 


Montgomery,555 



Div. 
Quota. 



2,065 



1,650 



1,600 



2,494 



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State Historian. 


205 


Fifth Division of Infantry. 

General (Elijah) Holt's Brigade, 


Otsego 


Div. 
Brig. Div. 
Quota. Quota 


County, 






545 


(George) Widrig's 


« 


Herkimer, 


289 


(George) Doolittle's 


4< 


Oneida, 


463 


(James) Knapp's 


« 


Onondaga 




and Cortlandt, 






440 


General (John) Tillotson's 


Brigade 


, Cayuga 




County, 






427 


(Nathaniel) King's 


« 


Madison, 


380 


(Obadiah) German 


« 


Chenango 


260 


(Samuel) Coe's 


a 


Tioga and 




Broome, 






240 


(George) McClure's 


u 


Steuben 




and Allegany, 






135 


(Wilhelraus) Mynderse 


i " 


Seneca, 


201 


(John) Swift's 


« 


Ontario, 


310 


(Isaac) Hall's 


a 




250 


(Alexander) Ilea's 


u 


Genesee, 




Niagara, &c., 






210 


(Walter) Martin's 


<« 


Jefferson, 




Lewis and St. Lawrence, 




350 



4,480 



14,389 



The Commandants of Brigades are to apportion the Brigade 
Quota amongst their Begiments and Battalions, and will organ- 
ize the Companies within their respecive Brigades. They will 
also assign expert, intelligent and respectable Captains and sub- 
alterns to command them. The Begiments are to be organized, 
and the Field officers thereof designated, by the Generals of 



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206 Annual Report op the 

Division, who are charged to assign the most active, able and 
worthy officers. 

This authority extends only to companies or Regiments who 
volunteer or are drafted, under the Act first above mentioned. 
Volunteer Companies, Battalions or Regiments of Artillery, 
Cavalry, Grenadiers, RiOleinen or Light Infantry, preferring the* 
provisions of the Act of Congress, " Authorizing the President 
of the United States to accept the services of a number of Vol- 
unteer Companies not exceeding thirty thousand men," passed 
24th February, 1807, will be received as part of the Quota, and 
will be separately organized by the Commander in Chief. He 
will accept the tender of services of Companies, &c, made di- 
rectly to him, pursuant to the said Act And all field officers, 
Commandants of Brigades and Generals of Division, are also 
authorized and required immediately to accept and forward to 
the Commander in Chief, every such tender to them made. 

To prevent mistakes the annexed form is prescribed for the 
signature of the officers, non-commissioned officers and Privates 
of every company so volunteering, which with the Inspection 
return of each Company, is to be forwarded immediately to head- 
quarters, either by the commandant of such company, or the offi- 
cer to whom the offer is made. 

The promptitude with which the Patriotic Militia of this State 
have obeyed the call of their Country upon former emergencies, 
forbids the Commander in Chiefs entertaining a doubt that they 
will display equal ardor and zeal on the present occasion. And 
as the provisions of the Act of 24th February, 1807, will enable 
Uniform Companies of Artillery, Cavalry, Grenadiers, Rifflemen, 
or Light Infantry (which are generally composed of acquaintances 
and neighbours), to remain associated together and with the offi- 



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State Historian. 207 

cers of their choice, to share the toils and the honors of the field, 
he indulges a sanguine hope that a large proportion of the detach- 
ment will consist of volunteers under that Act. 

The services of Companies, Battalions, or Regiments, either of 
uniformed troops or of Infantry, who elect to avail themselves of 
the second section of the Act authorizing this detachment, will 
also be accepted and organized as before directed by the officers 
commanding Brigades and divisions. 

By an Act of the Legislature of this State, passed 8th April, 
1808, provision is made for ordering a parade of the Militia for the 
purpose of making a draft and procuring an Inspection return of 
a detachment in any one year after the ordinary and regular par- 
ades for that year have taken place. Commandants of Regiments 
are therefore, hereby authorized and empowered, to order such 
additional parade of their Corps at such time and place as they 
may deem proper, if the object for which such additional parade 
is authorized cannot be otherwise conveniently accomplished. 

The observance of these orders is not only enjoined on the Mil- 
itia generally, but Commandants of Divisions, and Generals and 
Inspectors of Brigades, are strictly charged to be assiduous and 
faithful in their prompt and full execution. 

By order of the Commander in Chief: 

Sol. Van Rensselaer, Adj. Genl. 



TROUBLE ALONG THE SHORES OF LAKE CHAMPLAIN. 

THE EMBARGO LEADS TO SMUGGLING, AND SMUGGLING LEADS TO THE 
CALLING OUT OF THE MILITIA. 

G. O.: Headquarters, New York, 7th Sept'r, 1808. 

It has been officially announced to the Commander in Chief of 
the State of New York, that on the shores and waters of Lake 



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208 Annual Report op the 

Champlain, within this State, there exists a combination of indiv- 
iduals who have repeatedly indulged themselves in armed and for- 
cible resistance to the execution of the Laws by the constituted 
authorities. Those occurrences, in his opinion, occasion an 
emergency in which it is his duty to direct a detachment of the 
Militia to depress such criminal combinations, and to aid the civil 
authority in the due execution of the Laws. He therefore, hereby 
requires Brigadier General Mooers, Commandant of the Brigade 
of Militia in the counties of Clinton and Essex, forthwith to de- 
tach from his Brigade, two companies of Infantry who will imme- 
diately repair to the Town of Champlain, or to such other place or 
places on or near the shores of Lake Champlain, as in the opinion 
of the said Brigadier General will most effectually accomplish the 
purposes for which the said detachment is ordered. 

The duties incumbent upon the said detachment will be to sup- 
press the existing insurrection, or armed and forcible resistance 
to the execution of the laws, at ofr near Lake Champlain, and to 
oppose any armed and forcible resistance which may be made to 
the legal detention or seizure, by the Collector of the district of 
Champlain, any vessels or property under and pursuant to the 
existing embargo laws. 

The Commander in Chief earnestly enjoins upon General 
Mooers to select for the command of the Troops to be detached as 
aforesaid, officers upon whose discretion, military qualifications, 
and firmness he can confidently rely, and to instruct and charge 
them to proceed in the execution of the service assigned them 
with the greatest circumspection, and to resort to force only when 
persuasion and caution shall prove ineffectual. 

The troops to be called into service under these orders, will re- 
main on duty for thirty days from their arrival at the place of 



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State Historian. 209 

Rendezvous, unless sooner disbanded by General orders, and from 
the time of their arrival at the place of Eendezvous to be desig- 
nated by General Mooers, during the said thirty days will be con- 
sidered in actual service, will receive the pay and rations allowed 
to the Regular Troops of the United States, and will be subject to 
the rules and articles of War, established by the Laws of the 
United States. 

The Brigadier General is authorized to accept of the Services of 
Companies or individuals, either of Artillery or Infantry, who 
will volunteer on the duty contemplated by these orders. 

By order of the Commander in Chief: 

Wm. Paulding Jun'r, Lieut. Col. and Aid-De-Camp. 



ORGANIZING FOR WAR. 

i 

NEW YORK STATE! MILITIA AND HOW IT WAS DISTRIBUTED. 

G. O.: Headquarters, Albany, 17th April, 1809. 

In pursuance of orders from the President of the United States, 
bearing date on the second day of November last, and in conform- 
ity with General orders of the 15th day of the same Month and 
year, such companies of the Militia of the State as have volun- 
teered their services under the Act of Congress passed the 24th 
day of February, 1807, entitled, " An Act authorizing the Presi- 
dent of the United States to accept the service of a number of 
volunteer Companies, not exceeding Thirty thousand Men " are 
hereby organized into one Brigade to be commanded by Brigadier 
General (Sylvester) Dering, and will consist of one Regiment of 
Infantry, one Regiment of Rifflemen, one Battalion of Artillery, 
and one Squadron of Cavalry, to be officered in the following 

manner: v 

14 1 



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210 Annual Report of the 

BRIGADE. 

Sylvester Dering, of the County of Suffolk, Brig'r Genl. 
Michael S. Vandercook, of Rensselaer County, Inspector and Maj. 

Brigade. 9 

Robert Swartwout, of Onondaga County, Brigade Q'r Master. 



REGIMENT OP INFANTRY. 

Peter B. Porter, of the County of Ontario, Lieut. Col. Command't;. 
Jacob Haight, of the County of Greene, 1st Major; 
Jeromus Johnson, of the City of New York, 2nd Major; 
George Bloom, of the County of Dutchess, Adjutant; 
Thomas G. Smith, of the County of Westchester, Chaplain; 
Aaron Clark, of the County of Schenectady, Quarter Master; 
John W. Gibson, of the City of New York, Paymaster; 
Amos Hamlin, of the County of Greene, Surgeon; ' 
Hubbard Smith, of the County of Madison, Surgeon's Mate. 



COMPANIES. 

County of Onondaga. 
Robert Swartwout, Captain; Asa Wells, Lieutenant; 
Oren Stone, Ensign. 

County of Chenango. 
Garret Burget, Capt.; Zalmon Burnham, Iieut. 

Zalmon Smith, Ensign. 

County of Schenectady. 
Charles Taylor, Capt; Henry Hogan, Lieut.; 

John Brown, Ensign. 



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State Historian. 211 

County of Greene. 
Isaac Dubois, Capt.; John Buel, Lieut.; 
Philip Gebhard, Ensign. 
County of Cayuga. 
John Knittles, Capt; Israel Ozman, Lieut.; 
Isaac Ozman, Ensign. 
County of Montgomery. 
Jon'a Gates, Capt.; Jeremiah Drake, Lieut.; 
John Ford, Ensign. 
•City of New York. 
John McKinley, Capt.; Lawrence Power, Lieut.; 
■ , Ensign. 



REGIMENT OF RIFFLEMEN. 

Francis McClure, of the City of New York, Lieut. Col. Comm't; 
John M. Howell, of the County of Suffolk, 1st Major; 
Ichabod Prall, of the City of New York, 2nd Major; 
Sebastian Visscher, of the City of Albany, Adjutant; 
Reuben Morgan, of the County of Washington, Q'r Master; 
Abijah Yelverton, Jun'r, of the County of Onondaga, Pay Master: 
Caleb Alexander, of the County of Herkimer, Chaplain; 
Joshua Secor, of the City of New York, Surgeon; 
Samuel Ackerly, of Do Surgeon's Mate. 



COMPANIES. 

City of New York. 
Daniel Fisher, Capt.; Robert Bleakley, Lieut. 

Hugh Walker, Ensign. 



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212 Annual Report op the 

City of New York. 
John Morrison, Capt; Joseph Tate, Lieut. 

Robert Dillon, Ensign. 

City of New York. 
David Andrews, Capt.; James Farrel, Lieut.; 

Patrick Lunny, Ensign. 

City of New York. 
Thomas McKittrick, Capt. ; David Logan, Lieut. ; • 

Charles Eagleson, Ensign. 

City of Albany. 
Samuel M. Lockwood, Capt.; John Mills, Lieut; 
Sanford Cobb, Ensign. 

County of Cayuga. 
Abraham Bloom, Capt.; Luther Gere, Lieut.; 

Arnold Rogers, Ensign. 

County of Seneca. 
William Ireland, Capt.; John Alexander, Lieut.; 

Joseph S. Barnard, Ensign. 

City of Albany. 
Darby Noon, Capt. ; James Maher, Lieut. ; 

John Cassidy, Ensign. 



BATTALION OP ARTILLERY. 

Peter C. Fox, of the County of MontgomeryylstMajorandComm't; 

Martin Boerum, Do Kings, 2d Major; 

Francis Adincourt, Do Rensselaer, Adjutant; 

Caleb Hopkins, of the City of New York, Q'r Master; 

Israel Ketchum, of the County of Dutchess, Pay Master; 

Tompkins 0. Delayan, Do of Seneca, Surgeon; 

Eli Hill, Do Chenango, Surgeon's Mate. 



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State Historian. 213 

COMPANIES. 

Columbia County. 
William Wigton, Capt; David West, Lieut; 

2nd Do. 

Schoharie County. 
Giles Kellogg, Capt; William Elmendorf, Lient; 

2nd Do. 

Saratoga County. 
Lemen Foot, Capt.; Thomas Tallmadge, 1st Lieut.; 

Seth Waller, 2nd Do. 

Madison County. 
Daniel Petrie, Capt.; Jabez Lyon, 1st Lieut 

Benjamin Wilber 2nd Do. 



SQUADRON OF CAVALRY. 

Edmund Fitzgerald, of the County of Saratoga, 1st Major, Oomm't;. 
Appollos Moore, Do of Alban^, 2nd Major; 

A polios Cook, Do of Greene, Adjutant; 

John E. Wool, Do of Rensselaer, Q'r Master; 

Edmund Pendleton, of the City of New York, Paymaster; 
William Livingston, of the County of Washington, Surgeon; 
Salmon Thayer, Do of Onondaga, Surgeon's Mate. 



TROOPS. 

County of Albany. 
Appollos Moore, Captain; Ezra Lester, 1st Lieut; 

Joseph Lamoreaux, Cornet. Eli Hutchinson, 2nd Do.; 

County of Herkimer. 
Walter Fish, Captain; John Flusky, 1st Lieut; 
Cornet. 2nd Do; 



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214 Annual Report op the 

County of Saratoga. 
Nicholas EmigH, Capt.; Peter Banta, 1st Lieut.; 

Cornet. Jarvis Brewster, 2nd Do; 

County of Madison. 
Jesse Haskill, Capt.; Minor Brown, 1st Lieut. 

Frederick Morgan, Cornet. Zadock Beebee, Jun'r, 2nd Do; 

The officers hereby assigned are to hold themselves in readi- 
ness to take the Field, and are to be obeyed and respected in their 
respective stations. 

Generals of Brigade who have not complied with General 
orders of the 15th of November 1808, are directed to make the 
Inspection returns previous to the 15th day of May next, of the 
detachments from their respective Brigades, with the names of 
the officers assigned to command, and the organization of the 
companies. 

Generals of Division are also required by the above day to 
make return of the Organization of the Division Detachments, 
and of the Field and Staff Officers assigned to command them. 

The Commander in Chief avails himself of this opportunity to 
repeat to the officers, non-commissioned officers, and privates of 
the Corps hereby organized, an assurance of his high estimation 
of their laudable and patriotic tender of services, and his entire 
confidence that by their discipline, intelligence and bravery, they 
will support the reputation and honor of the State of New York. 

By order of the Commander in Chief. 

Wm. Paulding Jun'r, Adjt. Genl. 



ORGANIZING THE CAVALRY. 

G. O.: Headquarters, Albany, 17th April, 1809. 

Pursuant to the first and fifteenth sections of the act en- 
titled " An act to organize the Militia of this State," passed the 



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State Historian. 215 

29th day of March, 1809, the Cavalry and the fifth Division of 
Infantry are hereby organized in the following manner: 

First Regiment of Cavalry; to embrace the Southern District 
of the State and to be divided into three Squadrons; First 
Squadron New York and Richmond Counties; Second Do, West- 
chester; Third Do, Suffolk, Queens and Kings. 

Second Regiment of Cavalry; to embrace Rockland, Orange, 
Ulster and Dutchess Counties and to be divided into three Squad- 
rons: First Squadron, Dutches® County; Second Do, Ulster; 
Third Do, Rockland and Orange. 

Third Regiment of Cavalry; to embrace Columbia and Rensse- 
laer Counties, and to be divided into two Squadrons: First 
Squadron, Columbia County; Second Do, Rensselaer. 

Fourth Regiment of Cavalry; to embrace Saratoga, Washing- 
ton, Clinton, Essex and Franklin Counties, and to be divided into 
two Squadrons: First Squadron, Saratoga County; Second Do, 
Washington, Clinton, Essex and Franklin Counties. 

Fifth Regiment of Cavalry; to embrace Albany. Greene and 
Schenectady Counties, and to be divided into two Squadrons: 
First Squadron, Albany County; Second Do, Greene and Sche- 
nectady. 

Sixth Regiment of Cavalry; to embrace Montgomery, Scho- 
harie and Delaware Counties, and to be divided into two Squad- 
rons: First Squadron, Montgomery County; Second Do, Scho- 
harie and Delaware. 

Seventh Regiment of Cavalry; to embrace Otsego, Herkimer, 
Oneida, Jefferson, Lewis and St. Lawrence Counties, and to be 
divided into two Squadrons: First Squadron, Otsego and Herki- 
mer Counties; Second Do, Oneida, Jefferson, Lewis and St. 
Lawrence Counties. 



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216 Annual Report of the 

Eighth Regiment of Cavalry; to embrace Madison, Chenango, 
Broome, Cortlandt, Onondaga and Cayuga Counties and to be 
divided into three Squadrons: First Squadron, Madison and Che- 
nango Counties; Second Do, Cortlandt and Broome Counties; 
Third Do, Cayuga and Onondaga Counties. 

Ninth Regiment of Cavalry to embrace Tioga, Steuben, Seneca, 
Ontario and the counties west, and to be divided into two Squad- 
rons: First Squadron, Tioga, Seneca, Steuben and (John) Swift's 
Brigade in Ontario; Second Do, (Isaac) Hall's Brigade in Ontario 
and the counties of Genesee, Niagara, Allegany, Chautauqua and 
Cattaraugus. 

Brigadier Generals Giles and Piatt are requested to furnish by 
the first day of June next, a return of the Persons entitled to pro- 
motion in consequence of the above arrangements. 

The Fifth Division of Infantry is hereby divided into three 
Divisions, namely: 

Fifth Division, to embrace Herkimer, Oneida, Onondaga, Jef- 
ferson, Lewis, and St. Lawrence Counties, and be commanded by 
Major-General Myers. 

Sixth Division, to embrace Madison, Chenango, Broome, Tioga, 
and Cortlandt Counties, and to be commanded by the Senior 
Brig'r Gen'l within that district. 

Seventh Division, to embrace Cayuga, Seneca, Ontario, Steu- 
ben, Allegany, Genesee, Niagara, Chautauqua and Cattaraugus 
Counties, and to be commanded by the Senior Brig'r Gen'l. within 
those counties. 

Major General Myers is requested to make a return of the per- 
sons entitled to be promoted to the rank of Major Generals, and 
also of the persons entitled to promotion in consequence of the 
Brigade and Regimental vacancies, which will occur in carrying 



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State Historian. 217 

these orders into effect, which return he is requested to forward 
to the Commander in Chief, or the Adjutant-General previously to 
the first day of June next. 

By order of the Commander in Chief: 

Wm. Paulding Jun'r, Adjt. Genl. 



A RIFLE COMPANY FROM GREENBUSH AND SCHODACK. 

G. O. : Headquarters, Albany, 18th April, 1809. 

Sundry inhabitants of Greenbush and Schodack, in the county 
of Rensselaer, having subscribed and presented to the Com- 
mander in Chief an offer to uniform and equip themselves as a 
company of Riflemen in General Hosea IVJoffitt's Brigade, and the 
Commander in Chief deeming it advantageous to the Brigade, and 
reasonable and proper to organize a company of Uniform Troops 
in those Towns, hereby establishes and organizes the said Com- 
pany as a Riffle Company, and assigns Henry Koon to be the Cap- 
tain, David Bell to be the Lieutenant, and James Deforest, to be 
the Ensign thereof, until the pleasure of the Council of Appoint- 
ment be made known; and further directs that the uniform of 
the said Company be the same as that of the Company of Trojan 
Greens, lately organized into a Riffle Corps. 

By order of the Commander in Chief: 

Wm. Paulding Jun'r, Adj. Genl. 



ASSIGNMENTS. 

G. O.: Headquarters, New York, 6th May, 1809. 

The Commander in Chief agreeably to the request of Major Gen- 
eral (Nathaniel) Coles of the first Division of Infantry, assigns 
Major Joseph Black well of the Brigade commanded by Lieut. Col. 



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218 Annual Report op the 

(Peter) Van Zandt, and Benjamin Coles, Esq'r as his Aid-de- 
Camps, until the pleasure of the Council of Appointment be made 
knoWh. 

By order of the Commander in Chief: 

Wm. Paulding Jun'r, Adj. Genl. 



GENERAL STEDDIFORD'S DIVISION DIVIDED INTO TWO BRIGADES. 

G. O.: Headquarters, New York, 6th May, 1809. 

The Commander in Chief by virtue of the Act to organize the 
Militia of this State, passed the 29th day of March, 1809, author- 
izing him to form each Division into as many Brigades and each 
Brigade into as many Regiments, and each Regiment into as 
many companies, as in his discretion he shall from time to time 
think proper, has thought tit to divide that part of the first divis- 
ion of Infantry, commanded by Brigadier General Steddiford 
(which comprehends the City and County of New York, and the 
County of Richmond) into two Brigades; and directs that the Bri- 
gades hereby established shall be organized as follows: 

The first Brigade is to be commanded by Brigadier General 
Steddiford and shall consist of Four Regiments, of eight Battal- 
ion Companies each, under command of Lieut. Colonels Jacob De 
Lamontagnie, Jasper Ward, Beekman M. Van Beuren, and 
Edward W. Laight, and of the Battalion of Rifflemen commanded 
by Major Francis McClure; and with whom are to be associated 
in the same manner as at present, the field, staff and company offi- 
cers, who may now be under the command of those Lieut. Colonels 
and of Major McClure, excepting however, Major John Coffin, and 
Captain James Cheetham, who are transferred to the Regiment 
to be commanded by Lieut. Col. Van Beuren, the former as the 
first Major, and the latter as the second Major thereof; and with 



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State Historian. 219 

the exception also of Captain Charles Christian, who is assigned 
as Inspector and Brigade Major of this Brigade, until the pleasure 
of the Council of Appointment be made known ; and, in the place 
of Major Joseph Blackwell, who, at his own request, has been as- 
signed as Aid-de-Camp to Major General Coles. 

The Second Brigade shall be commanded by Lieut. Col. Van 
Zandt, and will consist of Five Regiments'of Eight Battalion com- 
panies, to be commanded by Lieut. Colonels Robert Bogardus, 
Jonas Mapes, Daniel Dodge, Andrew Anderson, and Joseph Per- 
ine; and with whom are to be associated, as at present, the field, 
staff, and company officers, which may now be under the com- 
mand of those Lieut. Colonels; excepting however, the officers of 
Lieut. Col. Van Zandt's Regiment, who are to be commanded by 
Lieut. Col. Anderson and also Captain Ebenezer Irving, who is 
hereby assigned as the Inspector and Brigade Major of this Bri- 
gade, until the pleasure of the Council of Appointment be made 
known. . 

The first Brigade shall comprehend that part of the City and 
County of New York included within the following boundaries, 
namely; beginning at the East River at the commencement of 
Whitehall Street, through the middle of that street to Broadway, 
thence through the centre of that street to the old Boston Post 
road, thence through the centre of that road to the middle road 
which passes through the Commons, thence up the centre of that 
road to the cross-road immediately above the place formerly be- 
longing to Doct. Bridger, thence through the centre of that road 
to the Boston Post road aforesaid, thence across that road to the 
Easterly line of the Estate of Kipp deceased, thence along the 
said line to the East River, and from thence along the shore of 
that river to Harlaem River, thence along the shore of the 



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220 Annual Report op the 

said River to Hudson's River, and along the shore of that River 
to the place of beginning. 

The Second Brigade will embrace the County of Richmond, 
and that part of the City and County of New York not included 
within the limits of General Steddif ord's Brigade. 

The commandants of those Brigades are directed immediately 
to divide the Brigade districts into Regimental beats, each to 
contain as nearly as possible an equal number of citizens liable 
to do Military duty. 

Brigadier General Steddiford and Lieut. Col. Van Zandt, will 
furnish the Commander in Chief on or before the 25th Instant, 
with Brigade returns of persons entitled to promotion, and re- 
commended for appointments in their respective Brigades; ob- 
serving at the same time that the Captains and Lieutenants to be 
assigned to the new Regiment to be commanded by Col. Van 
Beuren will be taken from the senior Lieutenants and Ensigns 
of the Brigade, as it existed previously to these orders, accord- 
ing to priority of rank in that Brigade. 
By order of the Commander in Chief: 

Wm. Paulding Jun'r, Adj. Genl. 



THE WAR CLOUD BLOWS AWAY. 

G. O. : Headquarters, New York, 6th May, 1809. 

The Commander in Chief, agreeably to instructions from the 
President, of the 29th day of April last, directs that the detach- 
ment of 14,389 of the Militia of this State, required by General 
orders of the 15th day of November, 1808, be no longer held in 
readiness for actual service; and in compliance with those instruc- 
tions, he with great pleasure avails himself of this occasion to 
present to those Corps whose patriotism has induced them to 



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State Historian. 221 

volunteer their services, the approbation and thanks of the Presi- 
dent of the United States. 

The Commander in Chief cannot forbear to express his satis- 
faction at the national measures, which have superseded the 
necessity of continuing the detachment in readiness for service; 
nor can he, without doing injustice to his feelings, withhold from 
his Fellow citizens who have generously tendered their services, 
an assurance of his cordial approbation of their conduct and of 
the emotions of pride and pleasure awakened in his breast by 



their fidelity to the just rights and independence of their country. 
By order of the Commander in Chief: 

Wm. Paulding Jun'r, Adj. Genl. 



PROMOTIONS. 

O. O.: Headquarters, New York, 15th May, 1809. 

It having been represented to the Commander in Chief that 
there are a number of vacancies for Ensigns in Col. De Lamon- 
tagnie's Regiment of Militia in the City of New York, and the 
following persons having been recommended by the said Colonel 
to fill the Vacancies, they are accordingly hereby assigned and 
directed to take command as Ensigns in that Regiment, and are 
to be obeyed and respecttd accordingly in that capacity, namely : 
Washington Varian, Edward Patten, Andrew Wheeler, David 
M. Ross, Nathaniel Weed, and Israel Foote. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adj. Genl. 
G. O.: Headquarters, New York, 17th May, 1809. 

It having been represented by Capt. Thomas Post, of Col. De 
Lamontagnie's Regiment that his company is destitute of subal- 
tern officers, and that for the purpose of enrolment it is indis- 



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222 Annual Report of the 

pensable to have one subaltern at least; the Commander in 
Chief, therefore, assigns Joseph Corbitt as Ensign of that Com- 
pany until the pleasure of the Council of Appointment be known. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adj. Genl. 



UNIFORM FOR THE TROJAN GREENS. 

G. O.: Headquarters, Albany, 27th May, 1809. 

The company of Trojan Greens in the village of Troy, having 
been organized into a Riffle Company, pursuant to the thirty 
third section of the Militia Law of this State, but their uni- 
form not having been prescribed, the Commander in Chief here- 
by directs that the uniform of said company shall be Green 
short coats, with black facings, trimmed with yellow cord, caps 
of the description heretofore worn by the Company, with green 
or white underclothes. l 

By order of the Commander in Chief: 

a. Lamb, Lt. Col. and Aid-de-Camp. 
G. O. : Headquarters, Albany, 7th June, 1809. 

The company of Light Infantry called the Trojan Greens, at 
Troy in the Brigade commanded by General Hosea Moffitt, hav- 
ing been organized into a Riffle Corps, the officers of that com- 
pany who are commissioned as Captain, Lieutenant and Ensign 
respectively, of a Light Infantry Company, are hereby assigned 
to take command of, and will exercise and discipline the said 
company as a Rifflp Corps, and are to be obeyed and respected 
by the said Company accordingly. 

By order of the Commander in Chief: 



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State Historian. 223 

designating gen. giles 7 brigade. 
G. O.: Headquarters, Albany, 21st June, 1809. 

*The Cavalry in the County of Saratoga having by recent or- 
ders been annexed to the Fourth Regiment, consisting of the 
Cavalry in the counties of Saratoga, Washington, Clinton, Es- 
sex and Franklin; and it appearing to the Commander in Chief 
reasonable and Equitable, that the said Regiment should be an- 
nexed to the first Brigade, he does accordingly hereby order that 
the first Brigade commanded by Brigadier Genl. Giles, hence- 
forth, consist of the Cavalry included in the first, second, third 
and fourth Regiments of Cavalry as designated by General or- 
ders of April last, and that the second Brigade commanded by 
Brigadier General Piatt henceforth, consist of the fifth, sixth, 
seventh, Eighth and Ninth Regiments of Cavalry, as designated 
in the said General orders. 

By order of the Commander in Chief: 

Daniel Rodman, Aid-De-Camp. 



A TROOP OF CAVALRY REORGANIZED. 

G. O.: Headquarters, Albany, 29th June*, 1809. 

Captain Daniel Couch, Jun'r, of the fourth Regiment of Cav- 
alry, in the State of New York, having resigned, and having as- 
signed good and sufficient reasons therefor, the Commander in 
Chief has with regret accepted his resignation. It has thereupon 
become necessary to organize the said company provisionally. 
The Commander in Chief accordingly directs that Lieut. Daniel 
Starr, take command of the said company as Captain thereof, 
and that Curtis Burton act as first Lieutenant, Parker Manning 
as second Lieutenant, and such Persons as the Members of said 
company shall freely choose at a full meeting thereof shall act 



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224 Annual Report of the 

as cornet, until the pleasure of the Council of Appointment be 
made known in the premises; which said persons are to be sever- 
ally obeyed and respected accordingly in the above offices. 

Lieut. Col. Fitzgerald is also directed to cause seasonable re- 
turns to be made for the purpose of having the said company offi- 
cered, as soon as may be by commissions from the Council of 
Appointment. 

By order of the Commander in Chief: 



LACK OP UNIFORMS AND EQUIPMENTS. 

G. O.: Headquarters, Albany, 1st July, 1809. 

Pursuant to the 97th section of the act entitled "An Act to 
organize the Militia of this State " passed March 29th, 1809, the 
officers commanding the following uniform companies have be- 
fore the date hereof duly certified' that the said respective com- 
panies could not procure the articles necessary for uniforming 
and equipping the same, viz: 

Capt. Lockwood's Company of Rifflemen, Albany; 

Capt. Water's Company of L't Infantry in Col. Ford's Regt, 

Montgomery C'y; 
Capt. Hayden's Company of L't Infantry in Col. Warner's Regt, 

Columbia C'y; v 
Capt. Lyttle's Company of L ? t Infantry in Col. Brower's Regt, 

Washington C'y; 
Capt. Jared Thayer's Comp'y, of Rifflemen in Col. Fecter's Regi- 
ment, Herkimer County. 

The Commander in Chief accordingly directs that neither of 
the several •companies above mentioned be disbanded for not 



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State Historian. 225 

having the competent number of men uniformed at any parade 
of Inspection within one year from the 29th day of March last. 

Similar certificates have been received from several Com- 
mandants of other companies, but as the said other companies 
were respectively organized more than Eighteen Months before 
the 29th day of March, 1809, they are not deemed to come within 
the provision of the section above mentioned, and for that reason 
are not included in this order. 

By order of the Commander in Chief: 

Daniel Rodman, Aid-de-Camp. 
G. O.: Headquarters, New York, 18 July, 1809. 

Capt. John McKinley, commanding a Uniform Company or- 
ganized within eighteen months before the 29th day of March, 
1809, in the Fourth Regiment of the Second Brigade of Infantry, 
having, antecedent to the first day of July instant, certified to 
the Commander in Chief that such company could not procure 
the articles necessary for uniforming and equipping the same, 
it is hereby ordered, pursuant to the Act of the 29th of March 
last, to organize the Militia of this State, that the said company 
be not disbanded for not having the competent number of men 
uniformed at any parade of inspection within one year after the 
passing of the said Act. 

By order of the Commander in Chief: 

Wm. Paulding, Jun., Adj. Genl. 



promotions and assignments. 
G- O.: Headquarters, New York, 14th July, 1809. 

The Commander in Chief having been informed that the com- 
pany commanded by Lieutenant John Lemaire, of the first Regi- 
ment of the first Brigade of Artillery, is destitute of a Captain, 
15 

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226 Annual Report op the 

and that Lieutenant Lemaire is entitled to be promoted to that 
rank, he is therefore accordingly directed to take command as 
Captain of the said company until the pleasure of the Council 
of Appointment be made known. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adj. General. 

G. O.: Headquarters, New York, 17th July, 1809. 

At the request of Lieut. Col. Van Beuren of the Third Regi- 
ment of the first Brigade of Infantry in New York, the Comman- 
der in Chief assigns Jacob P. Brower, Surgeon and Samuel Scho- 
field, Surgeon's Mate, of the said Regiment until the pleasure 
of the Council of Appointment in the premises be known. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 

G. O. : Headquarters, New York, 20th July, 1809. 

Capt. Pyler Dibble having enrolled privates of his company of 
Artillery as musicians, and having requested that they may be 
permitted to wear round hats or caps, when acting in that capa- 
city, the said request is complied with, and Capt Dibblee hereby 
authorized to prescribe the form and ornament of such hat or 
caps. 

By order of the Commander in Chief: 

Wm. Paulding Jun., Adjutant General. 

G. O.: Headquarters, New York, 29th July, 1809. 

The Commander in Chief hereby constitutes Lieutenant Col's 
Jacob De Lamontagnie, Robert Bogardus, Jonas Mapes, Jasper 
Ward and Edward W. Laight, a board of Officers to determine 
the relative rank of Captains Christian, Pluymert, I/Homme- 
dieu, and Post, of the first Brigade of Infantry. 



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State Historian. 227 

The Board will meet on Friday next at 10 o'clock A. M. at the 
City Hotel in Broadway, and are to transmit their report to the 
Adjutant General on or before the tenth day of August next. 

Brigadier Generals Steddiford and Van Zandt will cause timely 
notice to be given of this order to such of the above named offi- 
cers as belong to their respective Brigades. 

G. O.: Headquarters, Albany, 21st August, 1809. 

The name of Matthew W. Mentor having by mistake been 
omitted in the appointments for Col. Solomon Martin's regiment 
of Militia in the County of Otsego, upon the return for which 
Regiment his name appears for Captain; 

To remedy which, until the next meeting of the Council of 
Appointment, the Commander in Chief hereby assigns and 
brevets the said Matthew W. Mentor a Captain in the said Regi- 
ment, with rank from the thirty-first day of May last, and orders 
and directs that he be obeyed and respected accordingly until 
the pleasure of the Council of Appointment be known in the 
premises. 

By order of the Commander in Chief: 

A'y Lamb, Lt. Col. and Aid-de-Camp. 



FIXING THE AUTHORITY OF THE BRIGADIERS. 

G. O.: Headquarters, New York, 31st Aug'st, 1809. 

The Commander in Chief, having learned from various sources, 
that doubts are entertained by some of the Generals of Brigade 
whether they are authorized to appoint Regimental parades of 
the Militia until General orders have been received for that pur- 
pose, has directed the Adjutant General to inform them, that by 
the 46th Section, of the late Militia Law, the authority to appoint 



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228 Annual Report op the 

the times and places of Regimental parades is exclusively vested 
in the respective Brigadier Generate, who are not, therefore, to 
wait for general orders upon that subject. The 48th Sect'n, by 
which it is provided "that the Brigadier Generals and Com- 
mandants of Brigades whenever by the orders of the Commander 
in Chief it shall be submitted to their discretion to appoint the 
days for the annual reviews and inspection of their Brigades, 
shall give timely notice " &c, relates only to Brigade parades, 
which by a previous clause of the act the Commander in Chief 
is authorized, if he shall deem it proper, annually to direct. 

The several Generals of Brigade are strictly enjoined to cause 
the annual inspection returns of their respective Brigades to be 
made to the Commander in Chief, or to the Adjutant General, 
previously to the first day of December next; and the returns of 
vacancies and promotions by the 20th day of January next. 
By order of the Commander in Chief: 

Wm. Paulding, Jun., Adj. General. 



THE NORTH CASTLE RIFLE COMPANY. 

G. O.: Headquarters, New York, 1st Sept., 1809. 

It having been represented to the Commander in Chief that 
the organization of an uniform company in the town of North 
Castle, Westchester County, will not interfere with the pros- 
perity of any other Uniform Corps, and a number of persons 
in the said town, having presented a petition praying to be organ- 
ized as a Rifle Company and pledging themselves to uniform and 
equip as a Rifle Corps under Abel Smith Jun'r, as their Captain ; 
the said Company is hereby organized as a Riffle Corps, of which 
the said Abel Smith Jun'r, is assigned as Captain to be obeyed 
and respected accordingly, until the pleasure of the Council of 



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State Historian. 229 

Appointment be made known in the premises. The uniform of 
the said Company will be the uniform prescribed for Rifle Corps, 
rizt: Green frocks and pantaloons with yellow fringe, black 
gaiters, round black hats ornamented with yellow buttons, black 
loops, and short green feathers. 

The said company until further orders, will parade with Lieut. 
Col. David Hobby's Regiment of Infantry on Regimental days, 
which said Lieut. Col. will give the necessary orders for that pur- 
pose. The Lieut, and Ensign will be chosen by the Company at a 
full and fair meeting of the members of the Company for that pur- 
pose, and will be brevetted as such as soon as the Commander in 
Chief shall be notified of such choice. 
By order of the Commander in Chief: 

Robert Macomb, Lieut. Col. and Aid-de-Camp. 



ASSIGNMENT. 

G. O.: Headquarters, New York, 2nd Sept., 1809. 

At the request of Col. Jacob De Lamontagnie of the First Bri- 
gade of New York Militia, the Commander in Chief hereby as- 
signs and brevets James Swan and William H. Shute as Ensigns 
in the said Regt., who are to be obeyed and respected accord- 
ingly, until the pleasure of the Council of Appointment in the 
premises be known. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 



MANLIUS GROWS A RIFLE COMPANY. 

G. O.: Headquarters, New York, 19th Sept., 1809. 

The Commander in Chief deeming it proper to comply with a 
petition for the organization of a Rifle Company at Manlius in 



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230 Annual Report of the 

Onondaga County, hereby organizes the said company and as- 
signs Charles Moseley as Captain, Leonard Kellogg Lieutenant, 
and Charles B. Bristol Ensign thereof, until the pleasure of the 
Council of Appointment be known. The uniform of the said 
company will be green riffle frocks and pantaloons, with yellow 
fringe, black gaiters, round black hats, with yellow buttons, black 
loops and short green feathers. 

By order of the Commander in Chief: 

Wm. Paulding Jun., Adj. Oenl. 



MORE DISPUTES OVER RANK. 

G. O.: Headquarters, New York, 22nd Sept., 1809. 

Upon the request of Major Blackwell of the 2nd Brigade of 
New York Infantry and of the General of the said Brigade, the 
Commander in Chief hereby organizes a board of officers to settle 
rank between Major Mulligan and Major Blackwell, of which 
board General Giles of the Cavalry will be president and Col. 
Curtenius, Col. Loomis and Major Fleet of the Artillery, and 
Major Francis McClure of the Riffle Corps will be Members. 

The said Board will meet at Hallam's Tavern, No. 71 Nassau 
St. in the City of New York, on Wednesday, the 27th day of 
Sept'r Instant, at four o'clock in the afternoon, of which time 
and place of meeting immediate notice in writing must be given 
by Genl. Van Zandt to Majors Mulligan and Blackwell respec- 
tively. The Members of the Board will be notified thereof by the 
President and upon a decision of the question of rank between the 
said Majors, the board will report the same to the Commander 
in Chief without delay. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adj. Genl. 



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State Historian. 231 

assignments. 
G. O.: Headquarters, New York, 23rd Sept., 1809. 

At the request of Col. Loomis of the second Regiment of New 
York Artillery, the Commander in Chief hereby appoints and as- 
signs Valentine Luff as second Lieutenant of the Company of 
Artillery commanded by Capt. Campbell who is to be obeyed and 
respected accordingly until the pleasure of the Council be known. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adj. Genl. 

G. O.: Headquarters, New York, 25th Sept., 1809. 

At the request of Major Van Hook, in the absence of Col. 
Dodge of the first Regiment of the Second Brigade of New York 
Infantry, the Commander in Chief appoints and assigns Nathan- 
ial D. Hunter to be Surgeon's Mate and Josiah P. Enapp an 
Ensign in the said Regiment, who are respectively to be obeyed 
and respected accordingly, until the pleasure of the Council of 
Appointment be known. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adj. Genl. 



STILL ANOTHER RIFLE COMPANY. 

G. O.: Headquarters, New York, 26th Sept., 1809. 

A number of Privates in Lieut. Col. Bogardus's Regiment of 
Infantry, having applied to be organized as a riffle company in 
that corps, and it appearing to the Commander in Chief compar- 
able with the public good to grant the prayer of their petition, 
he does hereby provisionally organize them accordingly in that 
Regiment and assigns Nathaniel Fisk as Captain, Stephen Woods 
as Lieutenant and Isaac Ludlom as Ensign thereof, until the 



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232 Annual Report of the 

pleasure of the Council of Appointment shall have been made 
known in reference thereto. 

And the Commander in Chief further directs that the uniform 
of that company shall be green riffle frocks and pantaloons, with 
yellow fringe, black gaiters, round black hats, with yellow but- 
tons, black loops and short green feathers. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



MAJOR MULLIGAN DECIDED TO BE THE SENIOR. 

G. O.: Headquarters, New York, 28th Sept., 1809. 

The board of Officers constituted by General Orders of the 
22nd Instant, to decide the relative rank of Majors Mulligan 
and Blackwell of the Second Brigade of New York Infantry, 
having performed the duty assigned them with promptitude, and 
to the satisfaction of the Commander in Chief, is dissolved. The 
said board having determined that Major Mulligan is entitled to 
the rank of Senior Major to Major Blackwell, the said deter- 
mination is sanctioned and confirmed by the Commander in 
Chief. 

The Brigadier General of the said Brigade will in his orders 
and returns respect and enforce the said decision. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



CAPTAIN PRICE TRANSFERRED. 

G. O. : Headquarters, New York, 28th Sept., 1809. 

At the request of Lieut. Col. Bogardus, and with the consent 
of Lieut. Col. Dodge, Capt. Stephen Price of the first Regiment 



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State Historian. 233 

of the Second ^Brigade of New York Militia is transferred to 
the fourth Regiment of that Brigade, but is not in consequence 
thereof to interfere with the right of promotion or command of 
any officer now belonging to the latter Regiment. 
By order of .the Commander in Chief: 

Wm. Paulding, Jnn., Adjutant General. 



A COURT MARTIAL ORDERED FOR CAPTAIN FERRIS. 

G. O.: Headquarters, New York, 5th Octob., 1809. 

Whereas a Court of Enquiry was formerly appointed by the 
Commander in Chief to investigate certain charges exhibited 
against Captain David Ferris of the Brigade of Militia in the 
County of Westchester, touching improper conduct degrading 
to the office which he holds; and whereas the said Court did in- 
vestigate the same, and did amongst other things report to the 
Commander in Chief that three of the said charges were as fol- 
lows, vizt: " That the said David Ferris was President of a Regi- 
mental Court Martial held at Armstrong's Tavern in the Town 
of East Chester in the latter part of the year 1805, and did at 
the said Court deny his own handwriting and signature to a 
discharge of Alfred Livingston from military duty, which said 
denial was malicious, and for the purpose of subjecting the said 
Alfred Livingston to a fine for not attending a military parade, 
he, the said David, when he so denied his signature to the said 
discharge, being conscious and well knowing the came was his 
handwriting, all which was unprincipled and dishonourable and 
contrary to the dignity and integrity of a President and member 
of a Court Martial " ; 

" That the said David Ferris returned the said Alfred Living- 
ston as a delinquent member of his company to the said Court 



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234 Annual Report op the 

Martial, contrary to his Duty as an Officer and from motives of 
personal resentment against the said Alfred, and denied his sig- 
nature to the said discharge from Military duty befor^ the afore- 
said Court wilfully, and for the purpose of unjustly vexing, har- 
assing and oppressing the said Alfred, and from malicious and 
dishonorable motives "; • 

"That at a Regimental Court Martial held at the house of 
Philemon Fowler in the Town of East Chester in the month of 
December, 1806, he, the said David returned the said Alfred Liv- 
ingston, as a member of his company of militia and a delin- 
quent, for the purpose of having him fined, although he knew 
the said Alfred was excused from military duty by a discharge 
signed by him, the said David Ferns; and that the said David 
Ferris attended at .he said Court Martial and then and there 
abused, insulted, and indecorously treated his brother officers, 
members of the said Court, and behaved towards them in an in- 
decent and highly unbecoming manner." 

" Upon which charges it was reported by the said Court, that 
the said Court was of opinion that the conduct of Capt. David 
Ferris towards Alfred Livingston in giving him his discharge 
and afterward calling him to the Court Martial to answer for 
his Non-attendance on the parade was improper and harassing 
him as a citizen. Upon which charges and report the said David 
Ferris hath requested of the Commander in Chief that a Court 
Martial might be appointed in order that the legality of his con- 
duct in relation thereto might be decided by a proper tribunal.*' 

The Commander in Chief is, thereupon, pleased to o<rder that 
Brigadier General Carpenter do forthwith cause the said Capt. 
David Ferris to be arrested and within three days thereafter to 



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State Historian. 235 

be served with a copy of the preceding charges and report, certi- 
fied by the said General, and notice of the time and place of the 
meeting of the Court Martial. 

The Adjutant General will cause to be convened on the 18th 
day of October Instant, at ten o'clock in the forenoon at the 
house of Enoch Carter, inkeeper in the town and county of West- 
chester, a Court Martial for the trial of the said' Capt. David 
Ferris, upon the charges aforesaid, to consist of Brigadier Gen- 
eral Jacob Morton as President, Jacob De Lamontagnie, Robert 
Bogardus, Beekman M. Van Beuren and Edward W. Laight, 
Lieutenant Colonels of the New York Militia, Joseph Perine, 
Lt. Colonel of the Richmond Militia, Isaac A. Van Hook, Clark- 
son Crolius, Gerard De Peyster, Jeromus Johnson, and Ichabod 
Prall, Majors of the New York Militia, and Simon Fleet and 
Martin Boerum, Majors of the first Brigade of Artillery, as Mem- 
bers. 

The proceedings and determination of the said Court are to 
be forwarded to the Adjutant General without delay. 
By order of the Commander in Chief: 

Wm. Paulding, Adj. Genl. 



COL. SITCHBR RESTORED TO COMMAND. 

G. O.: Headquarters, New York, 9th Oct., 1809. 

The Battalions of Majors Boerum and Jermain are hereby or- 
ganized into a fourth Regiment in the first Brigade of Artillery, 
and are to be commanded by Lieut. Col. Andrew Sitcher. 
By order of the Commnder in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



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236 Annual Report of the 

more riflemen for new york city. 
G. O.: Headquarters, New York, 9th October, 1809. 

The Commander in Chief does hereby provisionally organize 
in Lieut. Col. Beekman M. Van Beuren's Regiment of New York 
Militia, a rifle company, and assigns John Morow as Captain, 
John R. Lecount as Lieutenant, and John J. French as Ensign 
thereof, until the pleasure of the Council of Appointment be 
known. The Uniform of the said company will be green riffle 
frocks and pantaloons with yellow fringe, black gaiters, round 
black hats, with yellow buttons, black loops, and short green 
feathers. 

By order of the Commander in Chief: 

Wm. Paulding, Jun., Adjutant General. 



ASSIGNMENTS. 

G. O.: Headquarters, New York, 6th Octob., 1809. 

At the request of Lieut. Col. Saltus, of the third Regiment of 
the first Brigade of Artillery, the Commander in Chief hereby 
brevets and assigns Samuel Gedney, William L. Lippincott and 
Jacob Peterson, as second Lieutenants in the said Regiment, 
who are to be obeyed and respected accordingly until the pleas- 
ure of the Council of Appointment be made known in the 
premises. 

By order of the Commander in Chief: 

Wm. Paulding, Jun., Adjutant General. 

G. O.: Headquarters, New York, 10th Octob., 1809. 

At the request of Lieut. Col. Dodge, the Commander in Chief 
does hereby brevet Samuel Darling and Noyes Darling as En- 



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State Historian. 237 

signs in the first Regiment of the second Brigade of New York 
Militia until the pleasure of the Council of Appointment be 
known. 

By order of the Commander in Chief: 

Wm. Paulding, Jun., Adj. Genl. 

G. O.: Headquarters, New York, 17th Oct., 1809. 

It having been represented to the Commander in Chief that 
Col. Laight and Major (Ichabod) Prall and Major (Gerard) Depey- 
ster cannot attend the Court Martial appointed to be held to-mor- 
row at the house of Enoch Carter in Westchester County, accord- 
ing to former General Orders, Lt. Col. Saltus and Capt. Anthony 
Bleecker of the Artillery, and Major William W. Todd of the 
Infantry, are therefore hereby appointed and assigned as Mem- 
bers of the said Court Martial in their stead. 

And it having been represented that the place which has been 
appointed for the meeting of the said Court may not be a con- 
venient one for the continuance of the sitting of the said Court, 
the Commander in Chief, as far as in him lies, authorizes the 
Adjournment of the said Court if necessary, to such other con- 
venient place as the president of the said Court with the assent of 
the members and parties concerned, may deem proper and more 
convenient. 

By order of the Commander in Chief: 

Wm. Paulding, Jun., Adj. Genl. 

G. O. : Headquarters, New York, 18th October, 1809. 

Whereas General orders were heretofore issued organizing a 
company of Rifflemen in the second Brigade of New York Militia 
and assigning William James McNeven as Captain, Robert Dillon 
as Lieutenant and John Gaynor as Ensign thereof, until the pleas- 
ure of the Council of Appointment shall be known; 



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238 Annual Report op the 

And whereas the said orders directed that the uniform of the 
said Corps should be grass green riffle frocks and pantaloons with 
yellow fringe, black gaiters, round black hats with yellow but- 
tons, black loops, and short green feathers; 

And whereas the said orders having been lost, the Commander 
in Chief does therefore hereby renew the same, excepting that 
part only which relates to the wearing of hats, and directs that 
the said Company shall wear helmets. 
By order of the Commander in Chief: 

Wm. Paulding, Jun., Adj. Genl. 

G. 0. : Headquarters, New York, 25th October, 1809. 

The Commander in Chief does hereby brevet as Second Majors 
in the first Brigade of New York Militia, Captains Charles Chris- 
tian and William M. Pluymert, who are to be assigned by Briga- 
dier General Steddiford to the Regiments of Lieut. CoPs Laight 
and Van Beuren; he also brevets as Ensigns in the Third Regi- 
ment of the said Brigade, James Oakley, Peter Tooker, John W. 
Jarvis and John W. Brower, until the pleasure of the Council of 
Appointment be made known. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adj. Genl. 



THE DECISION IN THE FERRIS COURT MARTIAL CASE. 

G. O.: Headquarters, New York, 28th Oc!:ob., 1809. • 

The Commander in Chief having received tthe proceedings of 
the Court Martial held in pursuance of general orders of the 
5th and 17th instants and having maturely considered the same, 
deems it his duty, previously to issuing any final orders there- 
upon, to desire the said Court to review and reconsider their de- 
cision and proceedings of the eighteenth instant, upon such 



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State Historian. 239 

further views and considerations of the subject as shall be pre- 
sented to them by the Judge Advocate; and accordingly directs 
that the President and Members of the said Court assemble at 
the City Hotel on Broadway in the City of New York on the 
Ninth day of November next at ten o'clock in the forenoon to 
review and reconsider their said decisions and proceedh gs. 

The Judge Advocate is requested to cause the requisite Notice 
of such meeting to be given. 

By order of the Commander in Chief: 

Wm Paulding, Jun., Adj. Genl. 



exempts organize an artillery company. 
G. O.: Headquarters, New York, 6 November, 1809. 

Whereas a number of persons, inhabitants of the City and 
County of New York, being severally exempted from military 
duty on account of Services in the late war, or age, have asso- 
ciated themselves together and formed a company, pursuant to 
the thirty fifth Section of the Act of the Legislature of the State 
of New York, entitled, "An Act to Organize the Militia of this 
State," passed the 29th day of March, 1809; 

And, whereas, the said persons have signed a Roll pledging 
themselves to bear arms and take the field in the said City and 
County of New York, or the Counties of Kings, Richmond and 
Westchester, in the State of New York whenever the same or 
any part thereof may be or is likely to be invaded; 

Now, therefore, the Commander in Chief, in pursuance of the 
authority vested in him by the said Act, does hereby organize 
the said association as a company of Artillery, and does com- 
mission by Brevet, John McLean as Captain, Richard Nixon as 



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240 Annual Report of the 

first Lieutenant, and John S. Delam&ter as second Lieutenant 
thereof. 

By order of the Commander in Chief: 

Wm. Paulding Jun., Adjutant General. 



GOVERNOR TOMPKINS DISAPPROVES OP THE FINDINGS IN THE FERRIS 
COURT MARTIAL CASE. 

G. O.: Headquarters, Albany, 30th Kov'r, 1809. 

The proceedings of the second meeting of the Court Martial 
for the Trial of Capt. David Ferris having been reported to the 
Commander in Chief on Tuesday, the twenty first instant, and 
he having duly considered the same, feels it incumbent upon him 
to assign in orders the reasons which have constrained him to 
disapprove not only the decision made by the said Court on the 
ninth Instant, but also its determination on the Eighteenth day 
of October. In doing this he is persuaded the members of the 
Court will duly appreciate his motives which arise from a sense 
of duty and in justification of an honest difference from them in 
opinion, and that this cause will be regarded as perfectly con- 
sistent with the sentiments of confidence and respect which he 
entertains for all the Members of the Court. 

In the exercise of their discretion on the Eighteenth day of 
October, the Commander in Chief feels persuaded that the case 
cited* as the inducement to that decision was wholly irrelevant, 
and bore no resemblance to the case then before them, and he 
will advert to a few of the circumstances which constitute the 
inapplicability of Powlett's case. 

I. That was a Naval Court Martial, the Officers composing 



• 2d McArth, pace IS. 



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State Historian. 241 

which were in Actual Service. The adjournment solicited was 
to obtain the attendance of Witnesses beyond sea, the period 
of whose return was wholly uncertain; and, therefore, the ad- 
journment must have been to a remote period, and the public 
Service in the meantime, might have been prejudiced by the de- 
tention therefrom of the high and respectable Officers who com- 
posed the Court. 

II. The charges were in that case exhibited by an individual 
who had been previously arrested and convicted upon charges 
presented against him by Capt. Powlett, from which fact the 
Court might reasonably presume that the charges before them 
arose from a disposition to retaliate or from malicious motives. 

III. The application for postponement in that case, was to a re- 
mote and uncertain period and neither stated that any measures 
had been taken to prevent the witnesses from departing nor dis- 
closed their names or number, nor the places to which they had 
gone, nor the points to which their Testimony would be material. 
It did not appear possible to assign a remote day at which those 
witnesses would be more likely to attend; and therefore it was 
deemed not reasonable to put off the trial to a distant and uncer- 
tain day. 

IV. In that case there was an existing Judge Advocate with 
whom the accuser might have consulted preparatory to the meet- 
ing of the Court, and from whom he might have obtained advice 
and summonses for his witnesses. 

In comparing the above circumstances with those under which 
the Court Martial convened on the Eighteenth day of October last, 
made their decision, it will be observed: 

I, That in the latter case none of the officers composing the 

Court were in actual service; their residence enabled them to at- 
16 



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242 Annual Report of thb 

tend the Court at any time without much inconvenience to them- 
selves and without any detriment to the public. The defendant 
also resided in the town where they met. 

II. The charges before the Court were not exhibited by an 
individual but proceeded from the report of a Court of Inquiry. 
There was, therefore, no ground for presuming malice or perse- 
cution in the charges; and those charges expressly referred to an 
individual whose testimony must be presumed to be material and 
who also resided in or near the town where the Court was con- 
vened.' 

III. As the charges resulted from the proceedings of a Court of 
Inquiry, and as the Judge Advocate was appointed by the Court 
Martial on the spot, and desired an adjournment for a short period 
only to enable him to become acquainted with the duty assigned 
him, the reasonableness of adjourning to a remote and uncertain 
day could not have come in question. 

IV. By the Laws of this State the Judge Advocate is to be ap- 
pointed by the Court Martial. It is, therefore, impossible for the 
officer who organizes the Court to recognize any person as Judge 
Advocate until after the Court have convened and appointed one, 
and the person so appointed has accepted the trust; and, of 
course, no preparatory interview or consultation can be had. A 
reasonable opportunity of making himself acquainted with the 
case which he is to manage ought, therefore, and especially in 
cases where there is no private accuser, to be afforded the Judge 
Advocate. 

It will be observed that from the manner in which these charges 
came before the Court, and the manner of constituting a Judge 
Advocate, there is but one alternative to prevent an invariable 
acquittal in the like cases, according to the precedent established;. 



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State Historian. 243 

and that is for the officer appointing the Court to combine the 
character of individual accuser with his official functions, and, 
previously to the first meeting of the Court, to examine and sub- 
poena witnesses and perform all the other offices incident to pri- 
vate accuser and Judge Advocate; which in the opinion of the 
Commander in Chief would be undignified and improper, and 
lead to prepossessions and prejudices unfavourable to an impar- 
tial review of, and decision upon the proceedings of the Court 
when reported to him; and he is, therefore, clearly of opinion^ 
that in such cases the Court Martial ought to indulge the Judge 
Advocate with sufficient and reasonable time to notify the officer 
who has organized the Court, of his appointment. On6 day would 
have been ample in the present case for that purpose. Of the 
vicinity of the Commander in Chief and Adjutant General to the 
meeting of the Court Martial, no doubt could have been enter- 
tained, because on the very day of their Meeting, General orders 
were issued authorizing the Court to adjourn to another day, 
which orders were issued on the application of the President and 
obtained by a Member of the Court. It may be fairly concluded 
that those orders increased the expectation of the Commander 
in Chief of an adjournment of the Court for the purpose of giving 
him an opportunity of knowing who the Judge Advocate was. 

If any affidavit of the materiality of witnesses should be sug- 
gested, it may be remarked that in cases resulting from the report 
of a Court of Inquiry, no one except the Officer issuing the Orders,, 
or the Judge Advocate, can be officially called upon to make it,, 
and this would be futile, since their belief of materiality must re- 
sult from the proceedings of the Court of Inquiry, and that very 
evidence is here furnished to the Court Martial by the order* 
creating it. 



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244 Annual Report op the 

The Commander in Chief could not, therefore, approve of the 
proceedings of the Court Martial on the eighteenth day of October 
last. 

His reasons for disapproving the proceedings which took 
place at the meeting of the said Court on the Ninth day of Novem- 
ber instant will now be assigned. 

Inasmuch, as the General orders, referring the first determina- 
tion back to the Court Martial, were issued within fifteen days 
after their proceedings were reported to the Commander in Chief, 
he entertains an opinion that the question agitated before the 
Court, and upon which they decided, could not arise at that time, 
whether the orders remitting the proceedings amounted to a dis- 
approval thereof or not. The Court must be deemed still in pos- 
session of the said proceedings under a course of review and re- 
consideration, and, therefore, the provisions of the statute could 
not apply until after those proceedings had been, upon such review 
and reconsideration, disposed of and reported. But whether this 
opinion be correct or not, he entertains no doubt that those orders 
were to be received and acted upon as orders containing a disap- 
probation of the former decision. 

It cannot be deemed necessary to constitute orders of approval 
or disapproval, that those express words should be contained in 
the orders. It is abundantly sufficient if they virtually and sub- 
stantially comprise them. It is usual and certainly the most deli- 
cate and respectful course to make a request in orders which is 
considered equivalent to and effectually a command. 

Courts Martial being generally composed of officers of respecta- 
ble standing, of sensibility and honor, orders addressed to them 
should be worded in the most delicate and respectful terms, and 
more particularly orders which, but for the delicacy of expression, 



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State Historian. 245 

may contain an impeachment of their discernment or decisions. 
A contrary course would not only be painful to the officer issuing 
such orders, but might tend to offend or prejudice the members of 
the Court so as to preclude an impartial and candid review of the 
point which they had previously decided. 

These considerations, with the advice and approbation of the 
Adjutant General and Judge Advocate, operated upon the Com- 
mander in Chief to be circumspect and delicate in the order for 
review and reconsideration; which inducements he is apprehen- 
sive were not duly appreciated by the Court at their last meeting. 
He considers that the inevitable inference to be drawn from by 
the Court from that order, was that he disapproved of their 
former decision. 

I. Because the exercise of the authority of an Officer, to refer 
back to the proceedings of a Court Martial for their review, is by 
usage and authority predicated solely upon his disapprobation of 
their proceedings.* 

II. Because as the former decision of the Court was upon a 
simple point without any Testimony, a request to review that 
decision would be nugatory and absurd upon any other ground 
than such disapprobation. 

III. Because the order referred the Court to the Judge Advo- 
cate (who is an adjunct and adviser of the Court and appointed 
by themselves) for the views and considerations which induced 
the Commander in Chief to make the request; which views and 
considerations were the reasons assigned to him by the Com- 
mander in Chief for his disapprobation of the former decision, 
and ought to be taken in connection with, and as collateral to, 
the order. 

* Macomtf pa. 82 et 82. 



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246 Annual Report op the 

The order, therefore, exercising an authority which only exists 
in case of disapprobation, which would be nugatory and absurd, 
upon any other principle, and which referred the Court to their 
Judge Advocate for the reasons of it, ought in the opinion of the 
Commander in Chief to have been deemed and taken by the Court 
as a virtual disapprobation of their prior proceedings, and to have 
been proceeded upon as such. 

But the difference in opinion which has existed between the 
Court and the Commander in Chief, as to the matters upon which 
the Court has heretofore acted, excites in his mind a belief that it 
would not be acceptable to the Court to place the proceedings 
again before them, and that no beneficial consequences would 
result from the exercise of that authority. The Commander in 
Chief, therefore, dissolves the said Court Martial, of which Gen- 
eral Morton is President, and directs that Captain David Ferris 
be discharged from his arrest. The said Captain Ferris, however, 
will not resume the command of his company until further 
General orders to that effect. 

By order of the Commander in Chief: 

Wm. Paulding Jun'r, Adjutant General. 



THE YATES COURT MARTIAL CASE. 

* G. O. : Headquarters, Albany, 16th December, 1809. 

The proceedings and determination of a Court Martial, whereof 
Brigadier General Samuel Ten Broeck is President, for the trial 
of Lieut. Col. Adam Yates, and the division orders thereon 
(which proceedings and orders are annexed to this general 
order), have been brought before the Commander in Chief upon 
an appeal therefrom by the said Lieutenant Col. Adam Yates. 
It appears that the said Lieut. Col. Adam Yates upon being re- 



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State Historian. 247 

-quired by and before the said Court to plead to the charges ex- 
hibited against him, presented the following preliminary objec- 
tions, viz. : 

1st, " That by the Militia Law the divisions of Militia are com- 
posed of citizens liable to perform Military duty, residing within 
the limits of each division; and that the said David Thomas 
Ebquire, under whose orders this Court is convened, had previous 
to issuing said orders, moved out of the limits of the division 
to which Lieut. Col. Yates belongs, and has thereby, according to 
the Spirit of the Militia Law, relinquished the command of the 
said division, by reason whereof the order appointing this Court 
is to be considered as null." 

2nd, "That admitting the said David Thomas to retain his 
authority as Major General of the said division, the present arrest 
of Lieut. Col. Yates is illegal, inasmuch as the said Lieut. Colonel 
had been previously arrested on the same charges by Brig'r Gen'l 
Moffitt, pursuant to orders of the said David Thomas for that pur- 
pose, of which arrest due notice was given to the said David 
Thomas, who neglected to order a Court Martial for the trial of 
the said Colonel according to law." 

3, "That the present arrest of Lieut. Col. Yates is illegal 
because made by the said David Thomas in person, when he (if 
he retains his command as Major General) is the officer designated 
by Law to appoint the Court Martial for the trial of the accused, 
and to revise and approve or disapprove the sentence of the 
Court." 

4, "That inasmuch as it appears from the arrest that the 
charges against Lieut. Col. Yates are exhibited by inferior officers, 
to wit, Capt. Young and Lieut. Higbie, those charges should have 
been investigated by a Court of Inquiry and do not afford a legal 
ground of arrest in the first instance." 



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248 Annual Report of the 

That the said Court, after mature deliberation thereon, de- 
cided that the first and third objections were not sufficient in 
law to preclude the Court from their jurisdiction to hear and de- 
termine the charges exhibited against the said Adam Yates, or 
to exonerate or excuse him from further answering the said 
charges, and that the said Adam Yates do further answer the 
same charges. 

That the said Court also decided that the fourth objection and 
the matter therein contained are a sufficient answer in Law to 
preclude the Court from further hearing and determining the 
said charges, and that the said Adam Yates is not obliged fur- 
ther to answer the said charges, and that he be not held further 
to answer before the Court the said charges. 

That by Division orders of the 24th of November, 1809, the 
Major General approves of the Decision of the Court Martial 
upon the first and third objections and disapproves their de- 
cision in respect to the fourth objection. The appeal of Lieut. 
Col. Adam Yates is from the decision of the Court Martial, 
and the determination of the Major General thereon, and re- 
quests the Commander in Chief to review the whole of the said 
proceedings. 

The Commander in Chief cannot forbear in this place to men- 
tion his regret that the Court Martial did not dispose of all the 
pleas or preliminary objections at their first meeting. By the 
proceedings accompanying the present appeal there appears no 
adjudication upon the second objection of Lieut. Col. Yates. It 
was not proper to waive the determination of one objection 
merely because the decision of another was in favor of the de- 
fendant. In the event of the reversal of such decision by the 
officer instituting the Court or upon an appeal, the Court must 



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State Historian. 249 

at the second meeting determine upon the remaining objection 
from which decision a second appeal may be preferred and thus, 
in a supposable case, a succession of appeals from the determina- 
tion of the preliminary objections might follow to the great de- 
lay of Justice and to the unnecessary trouble and expense of 
the parties, the Court and the officers empowered to review such 
-decisions. 

The Commander in Chief is, therefore, clearly of opinion that 
the judgment of the Court Martial ought to have exhausted all 
the preliminary objections presented, and that their omission in 
this instance to decide upon the second, affords in his mind, a 
sufficient reason for remitting the proceedings. But, as the ap- 
pellant has desired him to review all the proceedings which were 
annexed to the appeal, and as that course will perhaps be most 
satisfactory to the Court, the Commander in Chief proceeds to 
notice the first, third and fourth objections, separately and in 
the order in which they were preferred before the Court: 

I. The officers of the Militia of this State derive their appoint- 
ments from, and hold their commissions during the pleasure of 
the Council of Appointment. The Statute organizing the Mili- 
tia makes no provision for the suspension of the command or 
^duties of an Officer in consequence of absence or removal from 
the limits of the Corps. The Act amendatory of the Militia Law 
passed April 18th, 1787, contains a provision, that Captains, 
Lieutenants and Ensigns, thereafter to be appointed should 
reside within the beats of their respective companies. The in- 
ference to be drawn from that provision is that other officers 
than those specified were not required to reside within the limits 
of their command, and also that antecedently to such provision, 
residence within the company beat was not an indispensable 
-qualification even for a Captain, Lieutenant or Ensign. 



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250 Annual Report of the 

All the Militia Laws, since the Law of the United States upon 
the subject, have omitted that clause. 

The Act of Congress, to which the State Law regulating the 
Militia is subordinate, organizes the Militia into divisions, &c, 
and provides that there shall be to each Division one Major Gen- 
eral, &c, and neither the one nor the other contains any provision 
or direction relative to the residence of the officers within the 
limits of their respective command. 

By the constitution of this State, members of the Assembly are 
to be chosen in each county by the electors resident within such 
county; but as there is no express provision in that instrument rel- 
ative to the residence of the persons to be chosen, it has become 
recognized in practice and by Legislative construction that a Non 
resident may be elected and is entitled to the privileges and may 
exercise the powers incident to that office. This construction of 
the constitution is analogous to that which the Court Martial have 
given to the Militia Law. 

In the City of New York, appointments in the Militia have 
always been made without regard to residence within the limits of 
the Corps for which the appointment was made, and yet there 
exists no legal provision upon the subject peculiar to that city. 

The public inconvenience which often attends the removal of a 
commanding officer in the country from the limits of his command 
has induced the Council of Appointment frequently to interfere. 
But such interference by them is a matter of discretion to be con- 
trolled by the circumstances of each case. A Lieutenant Colonel 
of the first Regiment of Cavalry retained and exercised his author* 
ity as a Military officer of this State for two years after his resi- 
dence in the State of New Jersey, and was obeyed and respected 
during that time. But as his removal was to a place wholly with- 



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Statb Historian. 251 

out the Jurisdiction of the laws of this State, and as some of the 
subordinate officers represented the inconvenience to which hi& 
non residence subjected them, the Council ultimately appointed 
the next officer in rank to the command of the Regiment. At the 
same session an application was made to the Council to supersede 
a Major of the New York Artillery because he had removed to r 
and for a considerable time had resided in Richmond County, out 
of the limits of his Regiment; but the Council refused in that case 
to interfere, inasmuch as the residence of the officer was within 
the State, and not so remote from the City of New York as to pre- 
vent him from attending to the duties of his office or to subject 
the other officers to any material embarrassment in communicat- 
ing with him. The above instances are sufficient to shew that the 
Council of Appointment and sundry Military Officers do not con- 
sider a Military commission absolutely vacated by the residence of 
the holder within the bounds of another Corps. Should the Coun- 
cil refuse to supersede in consequence of a change of residence,, 
there is still another remedy, which is, to cause an arrest and trial 
of the officer so changing his residence, if from its remoteness the 
duties of the office are neglected. 

Upon the principle advanced in the objection now under con- 
sideration, the responsibility of an officer and his liability to arrest 
or trial would cease immediately upon the change of residence, 
and of course an offending officer might by removing out of the 
bounds of his corps, always escape with impunity. 

The opinion of the Commander in Chief, therefore, is: that, a^ 
there is no provision in the Law upon the subject of residence, the 
authority and duties of an officer continue until he is superseded 
by the Council of Appointment, or until his command ceases in 
consequence of some express provision of the Law regulating the 



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252 Annual Report op the 

Militia; and that inferior officers and tribunals are, until one of 
those events happen, to obey and respect his orders without re- 
gard to the place of his residence. The decision of the Court Mar- 
tial on the first preliminary objection is, therefore, approved. 

III. The Militia Law contemplates an arrest by the same offi- 
cer who is to appoint the Court Martial, because a Major General 
can be arrested by none but the Commander in Chief, nor can any 
other officer constitute a Court Martial for his trial or review the 
proceedings of such Court. 

The same thing is contemplated by the Act, and must necess- 
arily take place in all cases where the Officer arrested is next in 
command to him, who is authorized to institute a Court Martial. 
The Militia Law therefore, does not deny, but indeed expressly 
recognizes the power of arrest in the same officer who is to ap- 
point the Court Martial. In many cases there would be a failure 
of Justice without it, and in no instance is there reason to ap- 
prehend any injurious consequences from its exercise, since 
the officer who abuses his authority in that respect, is amen- 
able therefor, and an appeal both from his and the Court's 
decision is allowed in every case. An arrest of an officer of the 
Militia is a formal act and subjects the arrested party to no im- 
prisonment, bail, or other hardships, and is much less injurious to 
him than an arrest by process at Civil Law. It would be more 
reasonable to prevent a Judge from presiding at the trial of a Man 
apprehended for a crime upon his warrant, or a Sheriff who had 
executed it from summoning a Jury, than to preclude a Military 
Officer from appointing a Court Martial merely because he had 
ordered or made the arrest of the accused upon charges exhibited 
by a third party. Such objection, however, to a Judge or Sheriff 
would hardly be countenanced; much less ought it to be supported 



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State Historian. 253 

against the Military Officer because in his case the Act of Arrest 
is not so likely to create bias, prepossession, or prejudice, against 
the officer arrested. 

In the case of a captain who was tried under the Militia Law 
of this State in 1802 the facts were, that he was arrested by the 
Commandant of the Brigade upon charges exhibited by the said 
Commandant, and, upon his arraignment before the Court Martial 
appointed by the same Commandant, the Defendant objected to 
the charges as not being sufficiently particular and specific; 
whereupon the Court Martial determined that the said charges 
were not sufficiently particular, and discharged him from his 
arrest accordingly. The charges were then made in a more cer- 
tain and specific form; the Captain arrested a second time, 
thereon, and a Court partial appointed and convened for his 
trial. Before that Court he made preliminary objections, and 
amongst others assigned the former arrest and proceedings, and 
also that the arrest was made by the same officer who exhibited 
the charges and organized the Court. These objections were over- 
ruled, and the Defendant convicted and sentenced. The senteiice 
having been sanctioned by the Commandant of the Brigade, an 
appeal was presented to the Commander in Chief, who also ap- 
proved of the proceedings, dismissed the appeal and ordered the 
sentence to be carried into execution. 

The preceding considerations and precedents induce the Com- 
mander in Chief to confirm the decision of the Court Martial, upon 
the third preliminary objection. 

IV. The Commander in Chief, not being furnished with the 
reasons of the appellant or his counsel in support of the objec- 
tions, is at a loss to conjecture upon what authority, military 
usage, or statutory provision, the fourth is predicated. The ob- 



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254 Annual Report of the 

jection is, that, as the charges are presented by an inferior against 
a superior officer, a Court Martial has no jurisdiction to try them 
until they have been investigated by a Court of Inquiry. If there 
be any forcible reason for the previous institution of a Court of 
Inquiry arising out of the relative. grade of the parties, it would 
seem to be in the case of charges exhibited by a superior against 
an inferior officer; because there is more danger of persecution 
and oppression in that case. A subordinate officer will be cau- 
tious of bringing forward frivolous charges against his Com- 
mandant for even an acquittal from such charges will invariably 
be attended with some resentment on the part of the latter, which 
will render the situation of the former more unpleasant, and 
perilous than would be the situation of the superior officer in a 
reversed case. The objection does not appear to be warranted by 
precedent or usage. A multitude of instances in every service 
might be adduced of Trials by Court Martial of superior officers, 
upon charges exhibited by inferior, without the previous institu- 
tion of a Court of Inquiry. The Commandant of the Sixth Regi- 
ment of United States Infantry has very recently been brought 
before a Court Martial upon the complaint of inferior officers. 
No Court of Inquiry was previously instituted although there 
existed an authority for it, and altho the relative grade of the 
accusers and accused was the same as in this case. The trial of 
Vice Admiral Griffin upon the complaint of Captain Powlet, and 
of Capt. Tichborne upon the complaint of Lieut. Fynmore are two 
of the numerous instances of the like trials in Great Britain, the 
objection of Lieut. Col. Yates does not, therefore, according to 
Military usage and precedent, oust the Court Martial of its juris- 
diction. It is, therefore, proper to enquire whether there be any 
statutory provision in this State which renders a Court of Inquiry 



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State Historian. 255 

an indispensable preliminary here in the particular case of 
charges brought by an inferior against a superior officer. In Eng- 
land, custom has introduced and sanctioned Courts of Inquiry, 
but their authority and use have never been regularly ascertained 
and defined. In the army of the United States, such Courts are 
expressly prohibited unless directed by the President of the 
United States or demanded by the accused. In the Militia of this 
State they derive their Statute origin from an Act supplementary 
to the Militia Law passed in April 1803. That Statute authorized 
the Commander in Chief to institute them upon complaint in writ- 
ing by one commissioned officer against another for improper con- 
duct degrading to his office. 

By the then existing Laws the Jurisdiction of a Court Martial 
was limited to a refusal or neglect to perform the duties of an 
office. The intent of Courts of Inquiry, therefore, was not only 
to investigate charges as preparatory to a Court Martial, but 
also to investigate improprieties for which the Council of Ap- 
pointment might supersede the officer, although such improprie- 
ties were not cognizable by a Court Martial. The late Militia 
Law extends the right of appointing Courts of Inquiry to Com- 
mandants of Divisions and Brigades in the same cases in which 
the Commander in Chief could alone appoint them before. But 
there is no provision which renders them indispensable in any 
case. On the contrary the Statute merely delegates to certain 
officers the power of instituting them, when they shall think 
proper. A prosecution may be brought in a Court Martial by a 
Non commissioned Officer or private, or by an individual not 
himself subject to Military jurisdiction ;• in all of which cases 
no Court of Inquiry can precede the institution of a Court Mar- 

• 2 McArthur, page 4; McComb, page 60. 



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256 Annual Report of the 

tial inasmuch as the statute only authorizes the former upon the 
complaint in writing of a commissioned officer. There is no 
difference between the power conferred by our Statute and the 
power derived from Military usage in England, so far as re- 
spects the right of the accused to demand an Inquiry, or the 
obligation of a superior officer to institute one where a Court 
Martial is solicited in the first instance. 

Courts of Inquiry are principally if not solely, organized in 
eases where the impropriety complained of (although degrading 
to the officer himself and wounding to the feelings and pride of 
his fellow officers) is not cognizable by a Court Martial, but may 
afford just cause for the Council of Appointment upon an un- 
favorable report to dismiss him; or where the facts to be in- 
vestigated are doubtful and involved in a variety of collateral 
circumstances, or where there are several persons implicated in 
the same offence, and doubts are entertained to whom the cul- 
pability attaches, or where surveys or estimates relative to com- 
petency of provisions, Military Stores, or other equipments are 
to be made, or where demanded by an officer when rumors and 
reports have been circulated injurious to his honor and reputa- 
tion, without being presented in the shape of specific and rele- 
vant charges. The cases of General (James) Wilkinson and 
Commodore (James) Baron (Barron) were both of the above de- 
scription. 

It is optional with the prosecutor to solicit a Court Martial or a 
Court of Inquiry, and it is discretionary with the officer to whom 
he applies to institute the one or the other. When charges are 
certain, specified and relevant and embrace matter clearly cogniz- 
able by a Court Martial, and when the party complaining prays 
for such Court, it might be deemed unreasonable and arbitrary 



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State Historian. 257 

to compel such party against his wish to incur the double trouble 
and expense of prosecuting them both before a Court of Inquiry 
and a Court Martial. Whether the instituting Officer in any 
particular case exercises proper discretion in appointing a Court 
Martial in the first instance or not is a question not cognizable 
by a Court Martial created by him for the trial of another per- 
son. If such officer abuse his discretion, he is amenable, there- 
for, before another Tribunal. 

In the case now under consideration the Major General had 
no power to direct a Court of Inquiry, but had power to organize 
a Court Martial, and would have been culpable in refusing if the 
charges presented to him were in his opinion actionable. 

After mature deliberation and reflection the Commander in 
Chief, with deference to the opinion of the Court Martial, is 
constrained to disapprove of its determination upon the fourth 
preliminary objection of Lieutenant Colonel Yates, and accord- 
ingly confirms the opinion of Major General Thomas thereon. 

The appeal of Lieut. Col. Yates is therefore dismissed, and 
Major General Thomas is directed to issue such further order, 
and adopt such further proceedings in the premises as may be 
proper and legal. 

By the Commander in Chief: 

Daniel Rodman, Aid-deCamp. 



THE GOVERNOR SUSTAINS THE DECISION OP ANOTHER COURT-MARTIAL. 

G. O.: Headquarters, Albany, 15th February, 1810. 

The Commander in Chief having maturely considered the ap- 
peal of Capt. Gilbert Seaman of the first Regiment of the first 

Brigade of Militia in the City and County of New York from the 
17 



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258 Annual Report op the 

sentence of the Court Martial instituted for his trial and the 
Brigade orders of 20th Dec'r, 1809, approving in part of the same, 
cannot discover any just cause for disapproving of the said 
Brigade orders, and directs General Steddif ord to cause the same 
to be carried into execution. 
By order of his Excellency: 

Sol. Van Rensselaer, Adj. Genl. 



AN OVERSIGHT CORRECTED. 

G. O.: Headquarters, Albany, March, 1810. 

In a Division of the fifth Division of Infantry of the Militia of 
this State, by General orders of the seventh day of April, 1809, 
the Brigade in the County of Otsego was by mistake not assigned 
to any Division. The Commander in Chief therefore, orders that 
it be annexed to the sixth Division. 

By order of the Commander in Chief: 

Sol. Van Rensselaer, Adj. Genl. 



A RIFLE OOMPANY ORGANIZED IN NEW BALTIMORE. 

G. O. : Headquarters, Albany, May 7, 1810. 

The Commander in Chief having perused the petition of Benja- 
min Baker, Storm A. Vanderzee and others, praying the organiza- 
tion of a Company of Riflemen at the village of New Baltimore, in 
the County of Greene, and deeming it proper to grant the prayer 
thereof, hereby organizes the said Company of Riflemen, and 
assigns John Marshall Captain, Smith Dunning Lieutenant, and 
John Stone Ensign thereof, until the pleasure of the Council of 
Appointment be known in the premises. The said company until 
further orders will be attached to and parade with Lieut. Col. 
Bronk's Regiment of Militia and will be uniformed as follows: 



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State Historian. 259 

Green Rifle frocks and Pantaloons with yellow fringe and but- 
tons, black gaiters, round black hats, with yellow buttons, black 
loops and short Green feathers. 
By order of His Excellency : 

Sol. Van Rensselaer, Adj. Genl. 



AND ONE IN RENSSELAER COUNTY. 

O. O.: Headquarters, Albany, 10th May, 1810. 

The Commander in Chief does provisionally organize a Rifle 
•Company in Lieutenant Col. Cornelius J. Schermerhorn's Regi- 
ment in the County of Rensselaer and assigns Joel Bristol as 
-Captain, William Carmichel as Lieutenant and Wallace St. 
John as Ensign thereof, until the pleasjire of the Council of Ap- 
pointment be known. The uniform of the said company will be 
Green Rifle frocks and pantaloons, with yellow fringe and but- 
tons, black gaiters, round black hats, with yellow buttons, black 
loops and short Green feathers. 
By order of His Excellency: 

Sol. Van Rensselaer, Adj. Genl. 



A REARRANGEMENT OF CAVALRY SQUADRONS. 

G. O.: Headquarters, Albany, Sep'r, 1810. 

It having been represented that the Division of the Squadrons 
of Col. Westerns Regiment of Cavalry as established by former 
General orders is not so convenient as the one hereinafter di- 
rected, the Commander in Chief directs that hereafter the Troops 
commanded by Captains Lester, Brown, Shears, Hotchkiss, and 
Cooke, compose the first Squadron, of said Regiment, to be com- 
manded by Major Appollos Moore, and the Troops commanded by 
-Captains Van Eleeck, Schuyler, Vought, Thorne, Youngs and 



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260 Annual Report of the 

Van Der Heyden, compose the second Squadron, under the com- 
mand of Major Van Voorst. 

By order of the Commander in Chief: 

Sol. Van Rensselaer, Adj. Genl. 
G. O.: Headquarters, Albany, October 2nd, 1810. 

The persons recommended for Staff Officers of the Eighth Regi- 
ment of Cavalry commanded by Lieut. Col. Wm. Whipple, having 
been by mistake appointed as a Squadron Staff instead of Regi- 
mental Staff, and it having been represented by the said Lieut. 
Col. that the discipline of the said Regiment requires that the 
said persons so recommended and appointed by mistake as afore- 
said, should be empowered as soon as convenient to Act in the 
several capacities for which they were returned, the Commander 
in Chief, therefore, hereby assigns and brevets Oran E. Baker, 
Adjutant; Daniel Le Roy Quartermaster, and Cornelius Cuyler, 
Paymaster, of the said Eighth Regiment of Cavalry, who will 
respectively officiate in those offices and be obeyed and respected 
accordingly, until the pleasure of the Council of Appointment be 
made known. 

Lieut. Col. Whipple is directed to make a timely return to Brig- 
adier General Piatt, of the vacancies and occurrences in his Regi- 
ment, including in said return for commissions the Staff Officers 
brevetted by this order. 

By order of the Commander in Chief: 

Sol. Van Rensselaer, Adj. Genl. 



RBDISTRIOTING THE BRIGADES IN NEW YORK CITY. 

G. O.: Headquarters, New York, May 14th, 1810. 

It having been manifested by the enrolment and inspection 
returns of the two Brigades of Militia in New York, that they 



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State Historian. 261 

are unequal in number and that an alteration in the division 
line established by General Orders, May 6th, 1809, has become 
necessary, the Commander in Chief therefore, directs that from 
and after the date hereof, the Second Brigade of Militia in the 
City and County of New York shall be bounded as follows, vizt: 

Beginning at the middle of Marketfield Street at the North 
River, thence Easterly along the middle of said street to Broad- 
way, thence along Broadway Northerly to the middle of Beaver 
Street, thence Easterly along the middle of Beaver Street to 
Broad Street; thence Northerly along the middle of Broad Street, 
Nassau Street, and Chatham Street to the Bowery road; thence 
along the middle of the Bowery Road to the corner of the Bloom- 
ingdale and Boston Post roads, thence along the middle of the 
old Boston Post road to the North East corner of the Kips-Bay 
farm; thence along the easterly side of said farm to the East 
River; thence along the shore of the East River and round the 
Battery to the place of beginning. 

And that the first Brigade of Militia in said City and County 
shall hereafter comprehend all the residue of the said City and 
County of New York. 

The Commandants of the said respective Brigades will forth- 
with make such arrangements and issue such Brigade orders as 
will give immediate effect to this General order. 
By order of the Commander in Chief: 
Robert Macomb, L/t. Col. and A. D. C. to the Com. in Chief. 



PROMOTIONS AND ASSIGNMENTS. 

G. O.: Headquarters, New York, May 21st, 1810. 

It having been represented by Lieut. Col. Saltus, of the third 
Regiment of the first Brigade of Artillery in New York that there 



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262 Annual Report of the 

is a vacancy for one captain in his Regiment, and that Lieutenant 
Barent Andariese is entitled by rank to fill the vacancy; 

The Commander in Chief, therefore, at the request of Lieut. 
Colonel Saltus, hereby brevets and assigns the said Lieutenant 
Andariese as a Captain in the said Regiment until provision be 
made in the premises by the Council of Appointment; and directs 
that the said Barent Andariese be obeyed and respected as Cap- 
tain accordingly, until the pleasure of the Council of Appoint- 
ment be made known. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp to the 

Com'r in Chief. 

G. O.: Headquarters, New York, June 6th, 1810. 

It having been represented by Lieutenant Col. Saltus of the 
third Regiment of the first Brigade of Artillery in New York 
that there is a vacancy for Surgeon in his Regiment, and that 
Stephen D. Beekman of the City of New York is a suitable per- 
son to fill the vacancy, the Commander in Chief therefore, at 
the request of Lieut. Col. Saltus, hereby brevets and assigns the 
said Stephen D. Beekman as Surgeon in the said Regiment, until 
provision be made in the premises by the Council of Appoint- 
ment, and directs that the said Stephen D. Beekman be respected 
accordingly until the pleasure of the Council of Appointment be 
made known. 

By order of the Commander in Chief: 

Robert Macomb, 
Lt. Col. and Aid-de-Camp to the Com'r in Chief. 

G. O. : Headquarters, New York, June 12th, 1810. 

It having been represented by Lieut. Col. Dodge that there 
are three Vacancies for Ensigns in his Regiment, and that Peter 



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State Historian. 263 

Jay, Thomas Alsop, and James Graham are suitable persons 
to fill the said Vacancies, the Commander in Chief therefore, 
at the request of Lieut. Col. Dodge, hereby brevets and assigns 
the said Peter Jay, Thomas Alsop and James Graham as En- 
signs in the Regiment of Lieut. Col. Dodge, until provision be 
made in the Premises by the Council of Appointment, and directs 
that they be obeyed and respected accordingly until the pleasure 
of the Council of Appointment be made known. 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 

G. O. : Headquarters, New York, June 12th, 1810. 

It having been represented by Lieut. Col. Jonas Mapes, that 
there are Vacancies for four Ensigns in his Regiment, and that 
Samuel S. Dunscomb, Ichabod Burnet, John Ogden Dey, and 
Abraham Van Nostrand are suitable persons to fill said Vacan- 
cies; and it having likewise been represented by Lieut. Col. Dodge 
that there are vacancies for two Ensigns in his Regiment, and 
that Samuel Darling and William Moores are suitable persons 
to fill the last mentioned Vacancies; 

The Commander in Chief therefore, at the request of Lieut. Col. 
Mapes and Lieut. Col. Dodge respectively, hereby brevets and as- 
signs the said Samuel S. Dunscomb, Ichabod Burnet, John Ogden 
Dey and Abraham Van Nostrand as Ensigns in the Regiment of 
the said Lieut. Col. Mapes, and the said Samuel Darling and Wil- 
liam Moores as Ensigns in the Regiment of Lieut. Col. Dodge, 
until provision be made in the premises by the Council of Appoint- 
ment. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-camp. 



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264 Annual Report of the 

G. O.: Headquarters, New York, June 12, 1810. 

It having been represented by Lt. Col. Saltus that there is a 
Vacancy for Surgeon in the Regiment under his command, and 
that Stephen D. Beekman is a suitable person to fill said vacancy, 
the Commander in Chief therefor, at the request of Lt. Col. Saltus, 
hereby brevets and assigns the said Stephen D. Beekman as Sur- 
geon in said Regiment, until provision be made in the premises by 
the Council of Appointment. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 

G. O.: Headquarters, New York, June 12, 1810. 

It having been represented by Lieut. Col. Ward that there are 
Vacancies for three Ensigns in his Regiment, and that Shivers 
Parker, William A. Russel, and George B. Thorp are suitable per- 
sons to fill the Vacancies, the Commander in Chief therefore, at 
the request of Lt. Col. Ward, hereby brevets and assigns the said 
Shivers Parker, William A. Russel and George B. Thorp as En- 
signs in said Regiment, until provision be made by the Council of 
Appointment, and directs that they be respected accordingly until 
the pleasure of the Council of Appointment be made known. 
By order of the Commander in Chief: 

Robert Macomb, 
Lt. Col. and A. D. C. to the Com. in Chief. 

G. O. : Headquarters, City of New York, June 22nd, 1810. 

Lieut. Col. John W. Mulligan having represented to the Com- 
mander in Chief that there are three Vacancies for Ensigns in his 
Regiment, and that Ephraim Martin, Adam D. Mount, and John S. 
Robinson are proper persons to fill those vacancies, His Excel- 
lency has been pjeased, at the request of the said Lieut. Colonel 



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State Historian. 265 

Mulligan to assign and brevet the said Adam D. Mount, Ephraiin 
Martin, and John S. Robinson as Ensigns in said Regiment. 

And his Excellency directs that the persons hereby brevetted 
and assigned as Ensigns, be respected accordingly, until the pleas- 
ure of the Council of Appointment be made known in the prem- 
isesi. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 

G. O.: Headquarters, New York, July 2nd, 1810. 

His Excellency the Commander in Chief has been pleased, upon 
the recommendation of Brigadier General Morton, to assign and 
brevet John L. Morton as second Lieutenant in Colonel Curten- 
ius's Regiment. 

And his Excellency directs that the said John L. Morton be 
obeyed and respected accordingly, until the pleasure of the Coun- 
cil of Appointment be made known in the premises. 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 

G. O.: Headquarters, New York, July 10th, 1810. 

The Commander in Chief has been pleased, on the recommenda- 
tion of Lieut. Col. Mulligan, to assign and brevet Benjamin Under- 
bill Coles of the City of New York as an Ensign in the Regiment 
of the said Lieut. Col. Mulligan. 

And His Excellency directs that the said Benjamin Underhill 
Coles, be respected and obeyed accordingly, until the pleasure of 
the Council of Appointment be made known in the premises. 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 



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266 Annual Report of the 

O. O.: Headquarters, New York, July 13th, 1810. 

The Commander in Chief has been pleased, on the recommenda- 
tion of Major Gerard De Peyster, of the first Regiment of the 
first Brigade of New York Militia, to assign and brevet George 
Gallagher, Lemuel H. Osgood, Charles Keeler, Charles G. Jones, 
and Edward Suffern, of the City of New York, as Ensigns, and 
Doctor James R. Manley, of the same City, as Surgeon's Mate, in 
the Regiment above mentioned. 

And His Excellency directs that the persons so as aforesaid 
assigned and Brevetted be respected and obeyed accordingly until 
the pleasure of the Council of Appointment be made known in 
the premises. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aide-de-Camp. 



ANOTHER DISPUTE RELATIVE TO RANK. 

G. O. : Headquarters, New York, June 12th, 1810. 

It having been represented that a dispute has arisen, and is yet 
undetermined, as to the rank of Capt. John Lemaire and Captain 
Thomas C. Butler, both of the first Regiment of the first Brigade 
of New York Artillery ; 

The Commander in Chief is therefore pleased to constitute and 
appoint Lieutenant Col. Saltus of the Artillery, Lt. Col. William 
Paulding Junior of the Infantry, and Major James Warner of 
the Cavalry, a Board of Officers to settle the said rank; and the 
Commander in Chief directs that the said board f orwith report the 
result of their proceedings at Headquarters. 
By order of the Commander in Chief : 

Robert Macomb, Lt. Col. and Aid-de-Camp. 



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State Historian. 267 

altering a cavalry uniform. 

Headquarters, New York, July 19th, 1810. 
An application having been made to the Commander in Chief 
to Authorize an alteration in the Cavalry Uniform, so far as 
respects a Troop whose Officers were Commissioned last Winter 
in the Northern part of Westchester County, and whereof Cor- 
nelius Brown was appointed Captain; and it appearing that the. 
uniform hereinafter mentioned will correspond better with the 
uniform of the Westchester Squadron than that prescribed by 
Law; 

The Commander in Chief, therefore, pursuant to the authority 
vested in him by the 18th section of the Militia Law, authorizes 
the said Troop of Cavalry to uniform and equip themselves with 
blue coats, buff facing, lining, cuffs and collars, and buff coloured 
underclothes. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and 
Robert Macomb, Lt. Col. and Aid-de-Camp. 



FOR THE CONVENIENCE OP THE TROOPS. 

G. O. : Headquarters, City of New York, July 24th, 1810. 

The officers of the first Squadron of the Second Regiment of 
Cavalry under the command of Lieutenant Colonel George D. 
Wickham, having presented a petition to the Commander in 
Chief, stating the inconveniences arising to the said Squadron 
from the great extent of the Regiment to which it is 
attached, from the distance of said Squadron from the residence 
of the Commandant of the Regiment, and particularly from the 
circumstance of said squadron being separated from the other 



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268 Annual Report op the 

Squadrons of the Regiment by the Hudson River, and, therefore, 
praying that the said squadron may be made and constituted a 
distinct and separate Regiment; 

His Excellency having taken into consideration the subject of 
said petition, is pleased to make and constitute the said squadron 
a distinct and separate Regiment, to be divided into two Squad- 
rons; the first to be composed of the troops now commanded by 
Captain Pitcher, Captain Livingston and Captain Bryan; the sec- 
ond to be composed of the troops now commanded by Captain 
Ferris, Capt. Lownsberry and Capt. Haxton. 

And His Excellency directs that Major Sayres, now command- 
ing the Squadron, hereby made and constituted a Regiment, do 
take command of said Regiment as Lieut. Col. Commandant, until 
further orders, and that he forthwith issue Regimental orders, 
assigning the two oldest captains to the command of the two 
squadrons, into which the said Regiment is divided as Majors. 

And His Excellency is further pleased to assign and Brevet 
Walter Evertsen as Adjutant, George Toffy as Quartermaster and 
Abraham Bockee as Paymaster of the said Regiment. 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 



GREENBUSH FLOURISHING WITH A BATTERY OF ARTILLERY. 

G. O. : Headquarters, City of New York, July 24th, 1810. 

A petition having been presented to the Commander in Chief, 
signed by Rinier Van Alstyne, Peter Van Alstyne, and sundry 
other persons of Greenbush in the county of Rensselaer, praying 
that they may be organized into a Company of Artillery; 

His Excellency, having taken into consideration the subject of 
the said petition, has been pleased to make and constitute the said 



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State Historian. 269 

Persons a company of Artillery in the second Regiment of the 
second Brigade, which said Regiment is commanded by Lieut. 
Col. Stephen Thorne. 

And his Excellency is further pleased to assign and Brevet 
Martin Van Alstyne as Captain, Nathaniel Payne as first Lieuten- 
ant, and Rinier Van Alstyne as second Lieutenant in the said 
Company. 

And his Excellency directs that the persons hereby brevetted 
and assigned as aforesaid, be respected and obeyed accordingly, 
until the pleasure of the Council of Appointment be made known 
in the premises. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 



ANOTHER RIFLE COMPANY FOR NEW YORK CITY. 

G. O.: Headquarters, New York, Aug'st 8, 1810. 

It having been represented to the Commander in Chief that 
Capt. Gilbert Seaman, of the City of New York, and others have 
associated together and equipped themselves as a Rifle Company 
to be attached to the Second Regiment of tBe first Brigade of New 
York Infantry, commanded by Col. Ward; 

His Excellency has thought proper to sanction and organize the 
said company as a Rifle Company, to be attached to Col. Ward's 
Regiment until further orders; and until the pleasure of the 
Council of Appointment be known in the premises, assigns Gil- 
bert Seaman as Captain, John Sproull as Lieutenant and William 
Dutch as Ensign of said Company, who are to be obeyed and 
respected accordingly. 

The uniform of said company will be Green Rifle frocks, and 



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270 Annual Report op the 

pantaloons, hat turned up on one side with loops and buttons 
and short green feather. 

By order of the Commander in Chief: 

) 

RESIGNATIONS, PROMOTIONS AND ASSIGNMENTS. 

G. O. : Headquarters, New York, 10th Aug'st, 1810. 

In consequence of the resignation of John Boscowan, second 
Lieutenant of Capt. Bogart's company of Horse Artillery in the 
City of New York, the Commander in Chief, at the request of 
Captain Bogart, has thought proper to direct that John Grafift 
act as second Lieutenant and George Merserue as Cornet of said 
Company, and that they be obeyed and (respected accordingly, 
until the pleasure of the Council of Appointment in the premises 
be known. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 

G. O.: Headquarters, New York, Aug'st 11th, 1810. 

The Commander in Chief has been pleased, on the recommenda- 
tion of Col. Ward, to assign and brevet John N. Lloyd and Gilbert 
Burling as Ensigns in the said Regiment of said Col. Ward. 

And His Excellency directs that the said John N. Lloyd and 
Gilbert Burling be obeyed and respected accordingly, until the 
pleasure of the Council of Appointment be made known in the 
premises. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 



G. O.: Headquarters, Plattsburg, 23rd August, 1810. 

Brigadier-General Benjamin Moores (Mooers) of Clinton 
County, is assigned to the Station of Quartermaster General of 



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State Historian. 271 

the Militia of this Stata of New York, and is to be obeyed and 
respected therein, until the pleasure of the Council of Appoint- 
ment in the premises be made known. The performance of the 
duties of Quartermaster General is not to prejudice his present 
rank in the line. During the time which Brigadier General 
Moores shall officiate as Quartermaster General, the command of 
the Brigade now under his command, will devolve on the Senior 
Lieutenant Colonel thereof, who will forthwith assume the com- 
mand of said Brigade. 

The Quartermaster General having signified his pleasure that 
Charles Baldwin, of the City of New York, Esquire, should be 
appointed aid in that department, the said Charles Baldwin is 
hereby announced as Aid-de-Camp to the Quartermaster Genera), 
and is to be obeyed and respected accordingly. 

Mr. Dean Edson of Essex County, is assigned and will Act as 
Adjutant of Lt. Col. Daniel Wright's Regiment of Militia in said 
County and will be respected and obeyed as such, until the pleas- 
ure of the Council of Appointment in the premises be signified. 
By order of the Commander in Chief: 



! 

TWO ADDITIONAL ARTILLERY COMPANIES. 

G. O.: Headquarters, New York, September 15th, 1810. 

A Petition having been presented to the Commander in Chief, 
signed by Kobert Moores and others of Greenwich, in Washing- 
ton County, praying that they may be organized as a Company 
of Artillery; 

His Excellency, having taken the said Petition into considera- 
tion, has been pleased to make and constitute the said persons a 
company of artillery in Lieut. Col. Stephen Thome's Regiment. 

And His Excellency has been further pleased to assign and 



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272 Annual Report op thb 

brevet Robert Moores as Captain, Moses Cowan as first Lieu- 
tenant, and Israel Williams as second Lieutenant in the said 
company, which persons so assigned and brevetted are to be 
obeyed and respected accordingly, until the pleasure of the Coun- 
cil of Appointment be made known in the premises. 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 

G. O. : Headquarters, New York, September 15th, 1810. 

A Petition having been presented to the Commander in Chief, 
signed by Daniel St. John and others of Nassau, in the County 
of Rensselaer, praying that they may be organized as a Company 
of Artillery; ^ 

His Excellency having taken into consideration the subject of 
said Petition, has been pleased to make and constitute the said 
persons a company of Artillery in Lieut. Col. Stephen Thome's 
Regiment. 

And his Excellency has been further pleased to assign and 
brevet Daniel St. John as Captain, Joseph Benedict as first 
Lieutenant and Nathaniel Durry as second Lieutenant of the 
said company, which persons so assigned and brevetted are to 
be obeyed and respected accordingly, until the pleasure of the 
Council of Appointment be made known in the premises. 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 



THE NEW YORK TROOPS ORDERED TO PARADE ON PETER STUYVESANT , S 

BOWERY. 

G. O.: Headquarters, City of New York, October 15th, 1810. 

His Excellency the Commander in Chief, deeming it proper 
that the Militia of the City and County of New York, should 



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State Historian. 273 

parade daring the present year for annual review and inspec- 
tion by Brigades, has therefore been pleased to order that both 
the Brigades of Militia in the City and County (except Lient Col. 
Perine's Regiment) parade for that purpose, completely equipped, 
on Tuesday 23rd instant, on the land belonging to the heirs of 
the late Peter Stuyveeant Bsq'r, occupied by Mr. Abraham 
Boyce. 

Brigadier General Steddiford will act as commandant of the 
Day, and will cause the line to be formed at Ten o'clock in the 
forenoon, and send Notice thereof to the Commander in Chief 
at Headquarters. 

The New York Squadron of Cavalry will parade at the same 
time and place. 

By order of the Commander in Chief: 

n Robert Macomb, Lt. Col. and Aid-de-Camp. 



ASSIGNMENTS. 

O. O.: Headquarters, New York, Octob. 22nd, 1810. 

The Commander in Chief is pleased, on the recommendation 
of Lieut. Col. Curtenius, hereby to assign and brevet John V. 
B. Varick as Captain, and John Gray and John McLeod as Lieu- 
tenants in the first Regiment of New York Artillery. 

And His Excellency directs that the persons so as aforesaid 
assigned and brevetted be respected and obeyed accordingly, 
until the pleasure of the Council of Appointment be made known 
in the premises. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 
18 



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274 Annual Report op the 

G. 0.: Headquarters, New York, Oct. 22, 1810. 
The Commander in Chief is pleased to assign and brevet 



March as Second Lieutenant of the second Regiment of New 
York Artillery, and Timothy Miller and Charles Town as sec- 
ond Lieutenants of the first Regiment of New York Artillery. 

And His Excellency directs that the persons so as aforesaid 1 
assigned and Brevetted be obeyed and respected accordingly, un- 
til the pleasure of the Council of Appointment be made known in 
the premises. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp; 



THE GOVERNOR IN GENERAL ORDERS PRAISES THE NEW YORK TROOPS. 

G.O.: Headquarters, New York, Nov'r 5th, 1810. 

The Commander in Chief having finished the Brigade reviews 
of the Militia in New York feels great pleasure in announcing 
his satisfaction with their conduct and appearance. The evi- 
dent improvement of the Infantry commanded by Generals Sted- 
diford and Van Zandt, since he last had the honor of reviewing 
them, is honorable both to the Officers and Soldiers. Major Mc- 
Clure's Battalion of Rifflemen, Major Warner's Squadron of Cav- 
alry and the Independent Light Infantry and Rifle Companies, 
particularly distinguished themselves in appearance, equipment* 
and discipline. 

His Excellency notices also, with marked approbation, the 
three Regiments of Artillery commanded by Lieut. Col's Cur- 
tenius, Loomis and Saltus; and likewise Captain Bogart's Com- 
pany of Horse Artillery, which were paraded under the command 
of General Morton on the first instant. The uniformity and ele- 
gance of their equipments, their attention and subordination, 



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State Historian. 275 

and the promptitude and accuracy with which they performed 
the evolutions and exercises of the day, reflected honor on them- 
selves arid their country. 

The Alacrity and zeal with wjiich the General orders to parade 
for Brigade review have been obeyed, merit the greatest com- 
mendation and are particularly gratifying to the Commander 
in Chief. / 

By order of His Excellency; 

J. W. Livingston, Lt. Col. and Aid-de-Camp. 



G. O.: Headquarters, City of Albany, 4th March, 1811. 

The Commander in Chief directs that the Militia in the County 
of St. Lawrence be divided into two Regiments, vizt: the inhabit- 
ants of all that part of the said County lying Westerly of a line 
beginning on the St. Lawrence River where the westerly bounds 
of the Town of Madrid begin, and running thence southerly along 
the westerly bounds of Madrid and Potsdam, to the Southwest- 
erly corner of Potsdam, thence easterly along the southerly line 
of Potsdam to the division line of great tracts No. 2 and 3 of 
Macomb's purchase, thence Southerly along the said division 
line to the south bounds of the said County, shall form one 
Regiment; and that the inhabitants of the said County residing 
to the Eastward of the said bounds shall compose another Regi- 
ment, and that the said two Regiments together with Col. Jacob 
Brown's Regiment of Militia in the County of Jefferson shall 
form one Brigade, and that the residue of General Martin's 
Brigade shall remain a separate Brigade under his command. 

By order of the Commander in Chief: 
j Wm. Paulding, Jun'r, Adjutant General. 



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276 Annual Report of the 

rockland county favored with a brigade. 
G. O. : Headquarters, City of Albany, 15th March, 1811. 

The Commander in Chief directs that the Militia of Rockland 
County be, and they are hereby divided into two Regiments, and 
are detached from Brigadier General Reuben Hopkins' Brigade 
and are formed into a separate Brigade, under the command of 
Lieutenant Colonel Peter S. Van Orden, who will immediately 
organize the said Regiments and Brigade, and make a return 
of promotions and appointments in the same to the Adjutant 
General. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adj. Genl. 



A NEW CAVALRY SQUADRON FOR THE NORTHERN COUNTIES. 

G. O.: Headquarters, City of Albany, 6th April, 1811. 

Upon the recommendation of General Henry McNiell, late 
Commandant of the seventh Regiment of Cavalry, an additional 
Squadron is hereby organized, consisting of the Troops in the 
Counties of Jefferson, Lewis and St. Lawrence, to be called the 
third Squadron of the Seventh Regiment of Cavalry, and in- 
stead of the divisions of Squadrons in the other parts of the said 
Regiment heretofore established, the Troops in the County of 
Otsego alone shall compose the first Squadron, and those of the 
Counties of Oneida and Herkimer shall compose the second 
Squadron. The Commandant of the said Brigade is required to 
communicate a copy of this order to the Lieut. Col. of the said 
Regiment without delay, and the said Lieut. Col. is required 
forthwith to announce the same in Regimental orders. 
By order of the Commander in Chief: 



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State Historian. 277 

a battalion of riflemen for rensselaer county. 
G. O.: Headquarters, City of Albany, 6th April, 1811. 

The Commander in Chief has heard with much satisfaction 
of the enterprising spirit and military ambition which prevails 
amongst the officers and soldiers of the Companies of Kiflemen 
in the County of Rensselaer; and it having been represented to 
him that there are already three companies in the brigade of 
Militia in said County, each of which contains more than thirty 
Men uniformed and equipped according to Law, he does hereby, 
pursuant to the authority vested in him by the 23rd Sect, of the 
Militia Law of this State, direct that the rifle companies in the 
said Brigade be henceforth organized into a Battalion of Rifle- 
men to be commanded by Major William S. Parker of Troy. 

The following promotions and appointments have been made 
for the said Battalion: 

William S. Parker, 1st Major, Sidney Dole, Ensign 

Comm't Abraham A. Lansing, Jun'r 
Henry Coon, Second Major Ensign 

Stephen Warren Captain Joel Bristol, Captain 

David Bell, Do William Carmichael, Lieutenant 

Jedediah Tracy, Lieutenant Stephen Trip, Ensign 
James Deforest, Lieutenant 

The Battalion hereby organized will parade twice in each year 
by Battalions, and four times by companies, at such times and 
places as the Major Commandant, with the approbation of the 
Commander in Chief, shall appoint. One copy of the annual in- 
spection return of the said Corps will be furnished by the Com- 
mandant thereof, before the first day of September in each year, 
to the Brigade Major of Infantry in the said County of Rensse- 
laer, and one other copy of said return to the Adjutant General 



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278 Annual Report op the 

by the same day; and the said Commandant will hereafter, on op 
before the first day of January in each year, forward to the Briga- 
dier General of the Infantry Brigade of Rensselaer County, a re- 
turn of vacancies and casualties in the said Rifle Battalion, and 
of the persons entitled by rank to promotion in consequence of 
such vacancies, which said return the said Brigadier General is 
hereby directed to transmit with his annual return to the Adju- 
tant General. 

By order of the Commander in Chief: 

Anthony Lamb, Lieut. Col. and Aid-de-Camp. 



AN ARTILLERY REGIMENT CHANGED TO TWO REGIMENTS. 

Headquarters, Albany, April 9th, 1811. 

It having been represented to the Commander in Chief that it 
would accommodate the officers and soldiers of the Regiment of 
Artillery commanded by Lieut. Col. Henry R. Teller, to have the 
same divided into two Regiments, he does hereby direct that the 
Artillery companies in the counties of Albany, Greene, and Dela- 
ware be organized into a separate Regiment, to be called the third 
Regiment of the third Brigade, whereof Abel Watkins will be the 
Lieutenant Colonel, and Samuel Hamilton and William Dickson 
the Majors; the former of the first and the latter of the second 
Battalion. 

That the first Battalion of the said Regiment shall consist of 
the Artillery companies in the counties of Greene and Delaware, 
and the second Battalion shall consist of the Artillery companies 
in the County of Albany. 

Lieut. Col. Henry R. Teller is authorized and required to divide, 
in the most eligible manner, the residue of his Regiment into two 
Battalions, and to report the same forthwith to the Commander in 



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State Historian. 279 

Chief, and to the Brigadier Genl. of the third Brigade, that the 
said Battalions may be confirmed in general and Brigade orders. 
By order of the Commander in Chief: 



ACTIVITY AMONG SCHENECTADY AND ALBANY 
TROOPS. 

DEVELOPING A BATTALION INTO A REGIMENT IN SCHENECTADY 
COUNTY, AND A BATTALION OF RIFLEMEN IN ALBANY. 

O. O.: Headquarters, Albany, 9th April, 1811. 

Pursuant to the due recommendation of Genl. Jacob Swits, that 
part of Major John V. A. Lansing's Battalion, which is within the 
bounty of Schenectady is hereby annexed to the Regiment in 
Schenectady heretofore commanded by the said Jacob Swits. 
The residue of Major Lansing's Battalion shall be and hereby is 
organized into a Regiment to be commanded by the said John V. 
A. Lansing as Lieut. Colonel Commandant thereof. General 
Swits is required to give immediate Notice of this General order 
and to cause the same to be promptly carried into effect. 
By order of the Commander in Chief: 

Anthony Lamb, Lt. Col. and .Aid-de-Camp. 



G. O.: Headquarters, Albany, 17th April, 1811. 

The Commander in Chief is much gratified with the spirit of 
•enterprise 'and patriotism which the members of the Albany 
Rifle Companies have displayed since their organization, and with 
a desire to cherish that laudable military zeal which they have 
manifested, he has thought it proper to organize and hereby does 
organize a battalion of Riflemen in the Brigade of Infantry in 
the Counties of Albany and Schenectady, whereof Jacob Swits 
Esquire is Brigadier General. Capt. Samuel M. Lockwood is as- 



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280 Annual Report op thb 

signed as first Major and Commandant of the said Battalion- 
Capt. Darby Noon will act as second Major thereof, and John Van 
Vechten as Adjutant, Samuel North as Quartermaster and 
Stephen Lush, Jun'r, as Paymaster, until the pleasure of the 
Council of Appointment in the premises be made known. 

Major Lockwood is directed to furnish the Adj. General by the 
fifteenth day of May next with a return of the promotions and 
appointments which will become necessary in said Battalion in 
consequence of the arrangements hereby established. The com- 
panies composing the said Battalion will parade four times by 
companies and three times by Battalion in each year at such times- 
and places as the Commandant thereof shall appoint, unless the 
Commander ih Chief shall think proper to direct the times and 
places of the said Battalion parades from time to time by General 
Orders. One of the Battalion parades will be for annual Review 
at the same time and place as the parade of the Albany Regiment 
for annual Review and Inspection, and the rifle corps will at that 
parade be under the command and subject to the Orders of the 
Brigadier General of Infantry. 

The Commandant of the battalion now organized is directed to 
transmit to the Brigadier General of Infantry previously to the 
first day of January in each year a return of the casualties and 
vacancies in the said Battalion and of the persons entitled by rank 
to be promoted in consequence of the vacancies, and also of the 
Names of persons recommended to fill vacancies to which no par- 
ticular person has by rank a legal claim. 

A medal has been provided and will be presented to the Battal- 
ion to be awarded and given to that non-commissioned officer or 
private of the battalion who, after four trials of skill in firing 
with a Rifle at a Target shall be adjudged by the commissioned 



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State Historian. 281 

officers or a majority of them, to be the best marksman. The 
trials will take place at two of the Battalion parades in each year 
v hereof the Commandant will give notice in Battalion orders at 
least six days before the respective days of trial. 

The non-commissioned officer or soldier making the best shot 
xtt each trial until the fourth, will be entitled to retain the Medal 
until the next trial thereafter. 

By order of the Commander in Chief: 

Daniel Rodman, Aid-de-Camp. 



CHANGES. 

O. O.: Headquarters, Albany, 16th April, 1811. 

Philip Streit, second Lieutenant of a company of Cavalry in 
the County of Albany, commanded by Captain Chauncey Humph- 
ries, having resigned his commission, the Commander in Chief has 
accepted the same, and, upon the request of Capt. Humphries and 
the other commissioned officers of the said Company, has as- 
signed and brevetted Simon Bellamy, of Bethlehem, in the said 
County of Albany to be Second Lieutenant of the said company. 
He is therefore to be obeyed and respected accordingly, until the 
pleasure of the Council of Appointment in the premises be made 
known. 

By order of the Commander in Chief: 

Daniel Rodman, Lt. Col. and Aid-de-Camp. 

G. O.: Headquarters, Albany, April 22nd, 1811. 

The Commander in Chief is convinced that the fourth division 
of Infantry of this State is too extensive to enable the subor- 
dinate officers thereof to communicate with facility or conven- 
ience with the Division Officers or with each other; 



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282 Annual Report of the 

He has, therefore, thought proper to direct that the fourth 
division be henceforth composed of the militia in the counties of 
Montgomery, Saratoga and Schoharie, which will continue to 
be commanded by Major General Veeder. The residue of what 
has heretofore composed the fourth Division, namely, the militia 
of Albany, Schenectady, Greene and Delaware Counties is formed 
into a separate division to be called the Eighth Division, and 
is to be commanded by General Paul Todd, who will henceforth 
be obeyed and respected as Commandant thereof, accordingly. 

The Regiment in Schenectady, lately commanded by Jacob 
Swits, Esq'r, and the Regiments and Battalions lately composing 
General Todd's Brigade (except the Regiment composed of the 
Militia in the Towns of Bethlehem and Guilderland) are formed 
into a Brigade to be commanded by General Jacob Swits, who 
is requested to make return before the last day of May next of 
the promotions and appointments in the said Brigade, which 
will become necessary in consequence of this arrangement. 

The Militia in the Towns of Bethlehem and Guilderland and 
the residue of Genl. Swits* late Brigade will henceforth form 
a new Brigade, to be commanded by Matthew Trotter, Esquire, 
upon whose recommendation Robert Elliott is hereby assigned 
as Brigade Major and Inspector thereof. 

General Trotter is required to forward to the Adj. General, 
before the first day of June next, a return of the promotions and 
appointments in the Brigade to be commanded by him, and in 
the Regiment whereof he was lately Lieut. Colonel Commandant, 
which this general order will require. 

Major General Veeder is requested to cause this to be forth- 
with to be made known to the several Brigadier Generals within 



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■ State Historian. 283 

the counties of Montgomery, Saratoga and Schoharie; and Gen- 
eral Todd will in like mariner cause the same to be immediately 
communicated to the Generals of Brigade in the counties of Al- 
bany, Schenectady, Greene and Delaware. 

The several officers hereby assigned are to be obeyed and re- 
spected in the several stations to which thy are assigned, until 
the pleasure of the Council of Appointment in the premises shall 
be announced. 

Samuel S. Lush is assigned to Act as Adjutant (in the stead 
of Mr. Elliott) in the Regiment lately commanded by Col. Trotter, 
until the meeting of the Council of Appointment. 

General Trotter will also report forthwith to the Commander 
in Chief such alterations in the organization of the Rifle Battal- 
ion heretofore established in the Brigade commanded by General 
Swits as the arrangements hereby established may require, to the 
end that such alterations may be approved and announced in 
General orders. 

By order of the Commander in Chief: 

G. O.: Headquarters, Albany, June 10th, 1811. 

The limits of the Brigade comprehending the City of Albany, 
having been changed since the organization of Major Lock- 
wood's Battalion of Riflemen, the Commander in Chief deems 
it proper to annex the Rifle companies in the Towns of Bethle- 
hem and Guilderland to the said Battalion. It is enjoined upon 
Major Lockwood to consult the convenience of the said com- 
panies, equally with that of the companies heretofore composing 
the battalion, in fixing the times and places of Battalion Pa- 
rades. 

General Trotter is charged with the duty of causing this order 



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284 Annual Report op the 

to be forthwith made known to all the officers whose command 
may be affected by it. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



A NEW BRIGADE OF CAVALRY ORGANIZED. 

G. O. : Headquarters, Albany, 10th June, 1811. 

With a view to proportion the General and Field officers of Cav- 
alry more nearly to the number of Cavalry, and to contract the ex- 
tensive limits of the present Brigades, each of which extends 
over Four hundred Miles, and to promote the convenience as 
well as the prosperity of that branch of the Militia generally; 

The Commander in Chief has thought proper to organize a 
third Brigade of Cavalry, to consist of the Troops in the Counties 
of Columbia, Greene, Albany, Rensselaer, Schenectady, Scho- 
harie, Montgomery, Saratoga, Washington, Essex, Clinton and 
Franklin, to be commanded by John I. Vgn Rensselaer, Esquire. 
The Regiments of Lieut. Col. Tiffany and Lieut. Col. Fitzgerald 
will retain their present limits and division; the first of which 
Regiments will be denoted the first Regiment of the third Bri- 
gade, and the other the third Regiment of the said Brigade. 

The First Squadron of Col. Westerlo's Regiment, commanded 
by Major Van Voorst, and the Squadron in Rensselaer County, 
commanded by Major Knickabacker, will form the second Regi- 
ment of the said Brigade; the first Squadron of which Regiment 
will be the First Squadron of Col. Westerlo's Regiment, and 
Major Knickabacker's Squadron will compose the second Squad- 
ron of the said Regiment. The Second Squadron of Col. West- 
ern's Regiment, commanded by Major Apollos Moore and Major 
Livingston's Squadron in Columbia, will compose the Fourth 



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State Historian. 285 

Regiment of the Brigade hereby formed, which fourth Regiment 
will be commanded by the senior cavalry officer within its limits. 
Major Moore's Squadron will be the first, and Major Livingston's 
Squadron the Second Squadron of the said fourth Regiment. 

The Major General of Cavalry is desired to announce the ar- 
rangement established by this order, to the several General offi- 
cers under his command, and to cause the same to be carried into 
effect. The Commandant of the Brigade hereby formed will 
transmit to the Adjutant General by the first day of January 
next, a return of the vacancies and promotions in the said Bri- 
gade. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



GEORGE B. RAPELYE BREVETTED. 

G.O.: Headquarters, New York, 27th June, 1811. 

At the request of Lieut. Col. Fleet of the Second Regt. of First 
Brigade of Artillery, George B. Rapelye is hereby brevetted as 
second Lieutenant in the said Regiment, until the pleasure of 
the Council of Appointment be known. 
By order of the Commander in Chief: 



MORE ARTILLERY COMPANIES FORMED. 

G. O.: Headquarters, New York, 27th June, 1811. 

The Commander in Chief, deeming it proper to comply with an 
application for the formation of an Artillery Company at Brook- 
haven in Suffolk County, does hereby organize a company at thai: 
plaee, and assigns John S. Mount as Captain, Henry H. Howell 
as first Lieutenant and Samuel Davis as second Lieutenant 



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286 Annual Report of thIe 

thereof until the pleasure of the Council of Appointment be 
known. .i .\ 

The said Company is hereby annexed to, and shall wear the 
like uniform as, the second Battalion of Artillery, commanded 
by Major Jermain of Col. Sitcher's Regiment. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adj. Genl. 

G. O.: Headquarters, New York, ?7th June, 1811. 

The Commander in Chief at the request of Brigadier General 
Solomon Martin, does hereby organize in his Brigade a Rifle 
Company and assigns Abel Case as Captain, Daniel C. Hayes as 
Lieutenant, and Roswell Wright as Ensign thereof, until the 
pleasure of the Council of Appointment be known. 

The uniform of said company will be green rifle frocks and 
pantaloons with yellow fringe and buttons, black gaiters, round 
black hats with yellow feuttons, black loops, and short Green 
feathers. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, New York, 2nd July, 1811. 

The Commander in Chief does hereby organize a Company of 
Artillery in the first Battalion of the fourth Regiment of the 
first Brigade of Artillery, and assigns William P. Hunter as 
Captain, Edwin Matthews as first Lieutenant, and Aaron T. 
Crane as second Lieutenant thereof, until the pleasure of the 
Council of Appointment be known. 

By order of the Commander in Chief- 

Wm. Paulding, Jun'r, Adjutant-General. 



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State Historian. 287 

<G. O.: Headquarters, New York, 3rd July, 1811. 

The Commander in Chief hereby Organizes a Company of Ar- 
tillery at Hillsdale in the County of Columbia, and annexes it 
to the first Battalion of the fourth Regiment, commanded by 
Lieut. Col. Stephen Thome of the second Brigade of Artillery. 

Horace Jones is assigned as Captain, Henry Salisbury Jun'r, 
as first Lieutenant, and John S. Harris as second Lieutenant of 
the said Company, until the pleasure of the Council of Appoint- 
ment be known. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, City of New York, 3rd July, 1811. 

The Commander in Chief is pleased to assign and brevet 
Alexander M, Muir as Second Lieutenant in Captain Muir's com- 
pany in the Second Regiment of Artillery in the City of New 
York. 

And His Excellency orders that the said Alexander M. Muir 
,so as aforesaid assigned and brevetted, be respected and obeyed 
accordingly, until the pleasure of the Council of Appointment 
be known in the premises. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 



ANOTHER QUIBBLE OYER RANK. 

G. O.: Headquarters, New York, 4th July, 1811. 

The Commander in Chief is pleased to constitute Lieutenant 
Colonels Curtenius and Saltus and Major Harsin of the first 
Brigade of Artillery, a board of officers to se tie the rank of Cap- 



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288 Annual Report of thb 

tains (Daniel D.) Smith, (Thomas W.) Gilbert, (Robert) De Gru- 
she, (James D.) Wallace and (John P.) Bissonett, of the Second 
Regiment of the said Brigade. 

The Board is directed forthwith to assemble and report their- 
proceedings to the Adjutant General. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



REARRANGING ARTILLERY ORGANIZATIONS. 

G. O.: Headquarters, New York, 9th July, 1811. 

The Commander in Chief, in pursuance of the report made ta 
him by Lieut. Col. Teller of the Third Brigade of Artillery^ 
directs that the companies thereof, in the Counties of Schoharie, 
Montgomery, Saratoga and Schenectady be, and they are hereby, 
divided into two Battalions in the manner iollowing: 

The First Batt'n shall comprise the companies in Schoharie 
County, and those in Montgomery County commanded by Cap- 
tains Timmerman and Veeder, and the Company formerly under 
the authority of Capt. Izeinlord; 

The Second Batt'n will consist of the companies in the Coun- 
ties of Schenectady and Saratoga and the company in Montgom- 
ery County commanded by Capt. De Graff. 

General Stevens will cause this order forthwith to be carried 
into effect. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



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State Historian. 289 

GOV. TOMPKINS EXPRESSES HIS MIND ON DISCIPLINE. 

A GENERAL ORDER THAT CENSURES DELINQUENT OFFICERS AND 
APPLIES RULES RELATIVE TO DISPUTED RANK. 

G. 0.: Headquarters, City of New York, 9th July, 1811. 

The Commander in Chief, having noticed with much regret 
the very general want of punctuality on the part of the command- 
ing officers of divisions and brigades, in transmitting to him 
their annual returns, feels himself called upon by a sense of 
public duty to signify his intention of hereafter requiring, and he 
does accordingly require from them, a rigid compliance with the 
sixteenth and twenty-first Sections of the Militia Law of 1809, 
and the sixty-seventh section of the same law, which enacts, 
" That all officers commanding Regiments and Battalions shall 
make returns in due form of their respective Corps, to the Briga- 
dier Generals or Officers commanding brigades to which they 
belong, within one Month after the annual review and Inspection, 
together with (?) a return stating the vacancies and other casual- 
ties in said corps respectively, and mentioning in said returns 
the Names of persons who are entitled to promotion in conse- 
quence of such vacancies; and the brigadier-general or officer 
commanding a brigade, shall from such returns last mentioned, 
form a brigade return, and transmit the same to the Commander 
in Chief on or before the first day of February in every year." 

Instead of a strict compliance with the above provisions, it 
has often happened that the return for a Regiment, battalion or 
company, has been transmitted by a Lieutenant Colonel, Major 
or Captain, directly to the Commander in Chief without regard to 
their respective superior officers; which irregularity has occas- 
19 



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290 Annual Report of the 

ioned much unnecessary trouble, inconvenience and controversy 
about rank. It is expected, and required, that hereafter the 
returns for promotions and appointments will be made in the 
manner and by the time required by the before mentioned sec- 
tion; and that no return otherwise made will be accepted or acted 
upon, unless accompanied by the most satisfactory evidence of 
its having been impracticable to convey the same through the 
legal channel. All officers whom it may concern, will henceforth 
be rigidly held responsible for the correct form and regular trans- 
mission of the returns for promotions and appointments in their 
respective Corps. 

And it is further directed by the Commander in Chief, that 
commanding officers of divisions, whether of Infantry, Cavalry 
or Artillery, make inspection returns of their respective divis- 
ions, and transmit the same to him or the Adjutant General on 
or before the first Monday of February in each year, and that 
whenever Generals or commandants of Divisions, or brigades, or 
Inspectors of Brigades, change their places of residence, they 
immediately give notice thereof to the Adjutant General, to 
whom also Commandants of divisions are, on or before the first 
Monday of July in every year, to transmit rosters or returns of 
the names, grades, and relative rank of the general officers of 
their several divisions; and Commandants of brigades are like- 
wise annually, on or before the same day to make returns to him 
of the names, grades, and relative rank of the field officers in 
their respective brigades. 

And in order to determine accurately the numbers of the 
Regiments, and brigades, of Infantry and Cavalry of this State, 
commanding officers of the brigades thereof are enjoined by the 
Commander in Chief to furnish the Adjutant General, previously 



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State Historian. 291 

to the first Monday in November next, with returns of the num- 
ber of Regiments composing their several brigades, and of the 
names of the Lieutenant Colonels or Commandants thereof. 

And his Excellency strictly forbids commanding officers of 
companies, and regiments, to grant certificates to any person, 
setting forth that he belongs to a Uniform Company, unless 
such person is completely uniformed and equipped according to 
Law, which certificates are to be respected by the battalion and 
Regimental Courts Martial; and any officer who shall certify un- 
truly, is to be brought therefor before a Court of Inquiry or 
Court Martial. 

The Commander in Chief, having ascertained that the princi- 
ples applicable to the determination of Military rank are not 
understood or adhered to, deems it proper and necessary to com- 
municate to the officers of the Militia for their future govern- 
ment, the following rules in relation thereto, which appearing 
to be generally recognized and well established, are not hereafter 
on any pretense whatever to be departed from: 

First. All commissioned officers of equal grade shall take rank 
in that grade according to the dates of their Commissions 
therein; 

Second. Where officers hold commissions of the same grade 
and date, retrospect shall be had to, and their rank decided by 
the Commissions immediately preceding those under which they 
act; 

Third. Where the present and all the preceding Commissions 
of officers of the same grade bear equal date, and where neither 
of them held any prior rank, then, and in those cases only, their 
rank shall be determined by lot, to be drawn by them before 
the Commanding officer of the division, brigade, regiment, bat- 



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292 Annual Report op the 

talion op squadron, as required by the eighth section of the 
Militia Law of the United States, passed the 8th day of May, 
1792; 

Fourth. Staff officers, other than Adjutants, appointed pre- 
viously to the second day of April, 1810, have not, as such, any 
right to promotion in the line; when, however, commissioned offi- 
cers in the line are appointed to the staff, they are entitled to 
promotion on the same principles with all other officers of the 
line according to their line rank. Nor can any person of right 
claim rank in the Militia of this State, in consequence of having 
formerly held a commission in the Army or Navy, of the United 
States, or in the levies or the Militia of this State, or any other 
of the United States. 

These rules, although they must appear sufficiently intelligible 
to military men, may, notwithstanding, be further illustrated 
by examples of their application: For instance, if two officers 
are commissioned to the same grade on different days, he who 
was first appointed shall take precedence in that grade, whatever 
may have been their preceding relative rank; or where two lieu- 
tenants are promoted on the same day to the rank of Captains, 
he who was Senior Lieutenant will take precedence as Captain, 
of course; but should their lieutenants' commissions bear equal 
date, retrospect must be had to their ensigns' commissions, and 
he who took rank as elder ensign, will also rank, of course, as 
senior Captain; yet should it appear that their Ensigns' commis- 
sions are likewise of the same date, then is their rank to be de- 
termined by lot in the manner before directed. It is nevertheless 
to be understood, that where an officer has heretofore assented to, 
or acquiesced in, any mode of settling his rank other than that 
hereby communicated and directed to be observed, he cannot 



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State Historian. 293 

claim under the present regulations, rights which he shall have 
expressly or tacitly relinquished. 

And in all cases of contested rank, or other difference existing 
amongst officers of the Militia, wherein it may have become 
necessary to have recourse for redress to the Commander in 
Chief, it must satisfactorily appear to him that the officer com- 
plained of, or whose rights are in any way to be affected, has in 
due time been furnished with a correct copy of the petition or 
other form of application to be preferred. Where, however, 
complaints of officers do not relate to a violation of rank by the 
Council of Appointment, but relate to the improper conduct of a 
-Regimental officer, which is degrading to his office, complaint 
against him must be made to the Commandant of his brigade, 
who is authorized to institute a Court of Inquiry upon the con 
duct of such officer. 

And all general officers and officers acting as such, are directed 
forthwith to communicate this order to the officers of their re- 
spective Corps, and are, moreover, strictly charged to exercise a 
vigilant superintendence over the conduct of the officers and 
soldiers subject to their authority, and are to see that they pay 
the most exact attention to the discharge of all their Military 
duties. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



ADDITIONAL ORGANIZATIONS. 

O. O.: Headquarters, Albany, 13th August, 1811. 

Upon the recommendation and request of Lieut. Col. Vosburgh, 
Commandant of a Regiment of Militia in General Dodge's Regi- 
ment, in the County of Montgomery; 



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294 Annual Report of the 

The Commander in Chief organises a New Light Infantry Com- 
pany in the said Regiment and assigns Aaron Haring as Captain, 
John G. Murray as Lieutenant and Elihn Enos as Ensign thereof, 
until the pleasure of the Council of Appointment in the premises 
be made known; and directs that in the meantime the said officers 
be obeyed and respected accordingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid de-Camp. 

G. O.: Headquarters, New York, Aug , st 26th, 1811. 

The Commander in Chief, intending to organize a Battalion 
of Rifflemen within General Ellis' Brigade of Militia in Onondaga 
County, at the ensuing session of the Council of Appointment, 
is pleased to direct that General Ellis procure and transmit to 
the Adjutant General, as speedily as possible, an inspection re- 
turn of the Rifle Company or companies within his Brigade, and 
a return of the persons entitled to promotion upon the formation 
of the said Company or Companies into a Battalion. 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 

G.O.: Headquarters, New York, 27th Aug'st, 1811. 

Pursuant to the recommendation of Lieut. Col. Thaddeus M. 
Wood, and the application of a meeting of Persons wishing to 
form a Company of Light Infantry in his Regiment, the Com- 
mander in Chief hereby organizes a new Company of Light In- 
fantry in the said Regiment, and assigns Asa Rice to be Cap- 
tain, Amos P. Granger to be Lieutenant, and Charles Gardner 
to be Ensign thereof, who are to be obeyed and respected ac- 
cordingly, until the pleasure of the Council of Appointment be 
made known in the premises. 



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State Historian. 295 

Brigadier General Ellis will cause this General order to be 
forthwith communicated to Lieut. Col. Ward. 
By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp. 



CHANGES AMONG OFFICERS. 

G. O.: Headquarters, New York, September 13th, 1811. 

Brig'r General Swits has represented to the Commander in 
Chief that his Brigade is destitute of a Quartermaster in conse- 
quence of the person who was formerly appointed having moved 
away, and has requested that Eri Lusher be brevetted in that 
office. 

The Commander in Chief, accordingly, assigns and brevets the 
said Eri Lusher Quartermaster of the said Brigade of Militia, 
and directs that he be obeyed and respected accordingly, until 
the pleasure of the Council of Appointment be made known in 
the premises. 

By order of the Commander in Chief: 

Robert Macomb, Lieut. Col. and Aid-de-Camp. 

G. O.: Headquarters, New York, 13th Sept. 1811. 

It being represented by Lieut. Col. Salt us, Commandant of the 
third Regiment of the first Brigade of Artillery, that the office 
of second Major of the said Regiment is vacant by reason of the 
resignation of Major Aycrigg, and that Capt. John W. Forbes is 
entitled by rank to fill the said station; 

The Commander in Chief, therefore, pursuant to the request of 
Lt. Col. Saltus, hereby brevets and assigns the said John W. 
Forbes second Major of the said Regiment, until the pleasure 
of the Council of Appointment be made known in the premises, 



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296 Annual Report op the 

and orders that in the meantime he be obeyed and respected 
accordingly. 

By order of the Commander in Chief: 



THE GOVERNOR ISSUES ANOTHER LAUDATORY ORDER. 

Q. O.: Headquarters, White Plains, 18th Septemb. 1811. 

The Commander in Chief has experienced much satisfaction 
in the review of the Troops who passed at White Plains this day. 
It was very gratifying to him, and highly honorable to the officers 
and soldiers of the Artillery Corps of New York and Kings 
County, and to Capt. HartelFs Company of light Infantry, and 
to the elegant band attached to them, that the difficulty, fatigue 
and expense of attending so remote a parade did not damp their 
Military pride and Zeal. The equipments, discipline, and con- 
duct, displayed by the before mentioned Troops and Capt. Lyon's 
and Capt. Miller's Companies of Westchester Artillery, in the 
manoeuvres and exercises of the day demand and receive the 
unqualified applause of the Commander in Chief. 

The Commander in Chief had an opportunity, on a former 
occasion, of witnessing a squadron parade of the Westchester 
Cavalry, and he takes much pleasure in acknowledging the great 
improvement they have made since that period in appearance 
and discipline. And he feels it a duty to declare that their con- 
duct on this parade has been such as to reflect honor on the offi- 
cers and soldiers of that Corps. 

Capt. Hammond's company of Light Infantry and Captain 
Smith's Company of Riflemen, also distinguished themselves by 
their appearance and behaviour, and were noticed with great 
satisfaction. The orderly demeanor of the residue of Col. 
Hobby's Regiment, and Col. Varian's Regiment of Infantry, was 



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State Historian. 297 

honorable both to the officers and soldiers, and entitles them to 
a great share of commendation. 

The promptitude and cheerfulness with which Genl. Carpenter 
exercised his official authority to increase the number and re- 
spectability of the Troops to be reviewed, and the activity and 
skill manifested by Col. Andrew Sitcher and the Field and Staff 
officers who assisted him in the arrangements and manoeuvres 
of the day, were noticed with peculiar pleasure. 

The review of the before mentioned Troops is the first act of 
Executive Authority which the Commander in Chief has had 
the honour of personally performing in his native County, and 
he cannot conceal the pleasing emotions he has experienced from 
the respectful attention paid to him by the Troops on duty; nor 
can he retire from the parade without rendering to the Officers 
and soldiers of the day, his unfeigned and grateful homage. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



A HANDFUL OF PROMOTIONS. 

G.O.: Headquarters, New York, 26th Sept. 1811. 

At the request of the Commandant of the Fifth Eegt. of the 
First Brigade of Infantry, in the City of New York, the Com- 
mander in Chief is pleased to brevt and does accordingly hereby 
brevet and assign, James Campbell, Frederick Muzzy, Samuel R. 
Clarke, Peter Van Brugh Livingston, and Stephen Lockwood, 
Ensigns in the said Regiment, and directs that they be obeyed 
and respected as such, until the pleasure of the Council of Ap- 
pointment be made known. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



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298 Annual Report of the 

several oases of disputed rank dboidbd. 
G.O.: Headquarters, New York,, 26th Sept. 1811. 

The board of officers appointed by General orders of the 4th 
day of July last to settle the rank of Captains Smith, Gilbert, 
De Grushe, Wallace and Bissonett, of the second Regiment of 
the first Brigade of Artillery, reported to the Adjutant General 
on the 30th ult. that they were of opinion those gentlemen 
ought to take rank in the order following: 1st Captain, James 
D. Wallace; 2nd, Daniel D. Smith; 3rd, John P. Bissonett; 4th, 
Thomas W. Gilbert; 5th, Robert De Grushe. 

The board is hereby dissolved. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjut. Genl. 



AN ORDER COUNTERMANDED. 

G. O.: Headquarters, New York, 9th October, ^811. 

It having been represented, by the Commandant of the Albany 
Battalion of Bifflemen, that the firing by the individuals of the 
said Corps, for the medal, mentioned in General orders of the 
17th day of April last, in the manner therein prescribed, is incon- 
venient and interferes with and retards the manoeuvering and 
disciplining of the said Corps, the Commander in Chief does, 
therefore, hereby authorize the Commandant of the said Corps 
to devise and announce in battalion orders, such other equit- 
able and fair method of firing for the said medal as he may deem 
more beneficial to the said Corps, which mode shall be as con- 
clusive and binding as if contained in General orders. 
By order of his Excellency the Com'r in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



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State Historian. 299 

THE GOVERNOR DISAPPROVES THE FINDINGS OP A 
COURT MARTIAL. 

AND IN A LENGTHY OPINION LAYS DOWN A PRINCIPLE OF MILITARY LAW 
FOR THE PROTECTION OP ACCUSED OFFICERS. 

G. O.: Headquarters, New York, 17th Oct., 1811. 

A Brigade Court Martial was instituted, by the Orders of 
General Steddiford, bearing date on the 2nd day of September 
last, for the Trial of John D. Jaques> Surgeon of the first Regi- 
ment of the first Brigade of Infantry, upon the following charges, 
which were exhibited against him by Lieut. Col. De Lamontagnie, 
Commandant of the said Regiment: 

First Charge. For improper and illegal conduct in demanding 
and receiving money for certificates granted by you as Surgeon 
of this Regiment (viz. First Regt.) to persons enrolled in the said 
Regiment, contrary to the 58th Section of the Act to organize 
the Militia of this State, and to your duty as Surgeon thereof; 

Second Charge. For improper and illegal conduct in demand- 
ing and receiving, on the 28th day of May last, the sum of one 
dollar, for a certificate of exemption from Military duty, granted 
by you to William Mead a private in said Regiment, contrary 
to the said section, and your Duty as Surgeon of the said Regi- 
ment. 

Third Charge. For improper and illegal conduct in demanding 
and receiving, on the tenth day of June last, the sum of one Dol- 
lar for countersigning and granting a certificate of exemption 
to Thomas Rees, a private in this Regiment, without having seen 
or examined the said Thomas Rees, whether he was entitled to 
such certificate or not, contrary to your Duty as Surgeon of the 
said Regiment. 



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300 Annual Report op the 

To which charges, the Prisoner pleaded: 

NOT GUILTY! 

The Court, having convicted the Prisoner of these charges and 
adjudged him to be removed from his office, which sentence has 
been sanctioned by Brigadier General Bteddiford, and is now ap- 
pealed from by the Prisoner to the Commander in Chief, to whom 
the proceedings of the said Court have been submitted. 

It appears from those proceedings: 

First. That the Prisoner before any Member of the Court had 
been sworn, challenged the President thereof, on the ground of 
his having made up and expressed an opinion in the cause, and 
that the Court overruled the objection, they being of opinion that 
such a challenge could not be made; first, because the members of 
a Court Martial are Judges to whom no exception lies, and not 
Jurors; and secondly, because, if a challenge were allowed to a 
President of a Court Martial, there exists no competent author- 
ity by which triors can be appointed to try the validity of a 
challenge and if he is to be set aside without Trial, there would 
be a total failure of Justice by a repetition of the challenge by the 
Prisoner against each successive President; 

Second. That the prisoner's counsel proposed to Enquire 
whether the Witness, Doct'r Onderdonk had ever received pay for 
certificates; and that this enquiry was overrruled by the Court; 

Third. That the Prisoner's Counsel offered to enquire of the 
witness, Mr. Seixas, whether Adiutant Ward had not told him 
that Doctor Jacques, had granted a number of certificates of ex- 
emption for money, to a number of Privates who were not incom- 
petent; and that the enquiry was overruled by the Court, they 
being of opinion that it was entirely unimportant what Mr. Ward 
may have said, and totally irrelevant to the case before the Court; 



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State Historian. 301 

Fourth. That the prisoner's counsel offered in evidence a copy 
•of the Proceedings of a Certain Court of Enquiry, containing the 
substance of the evidence of Mrs. Bees upon the matter then be- 
fore the Court, for the purpose of impeaching her testimony; and 
that his offer was overruled by the Court, on the ground that Mrs. 
Bees' testimony could not be impeached by the production of such 
a paper, in which her testimony may have been misstated by a 
clerk, and could only be impeached by producing those who had 
heard her testify; 

Fifth. That the Court found the Prisoner guilty of the charges 
preferred against him and sentenced him to be cashiered. 

The Commander in Chief thinks is requisite here to remark, 
that he has noticed, in the proceedings of the Court, and of other 
Courts Martial held of late years, a departure from the form which 
has been well established by long and uniform practice, and 
which he deems well fitted to insure the accuracy and precision of 
the evidence of Witnesses. The Court, instead of inserting in the 
record of their proceedings the precise interrogatories put to the 
Witnesses and their answers, have merely stated the substance 
-of their Testimony. Although the Ordinary method of proceed- 
ing in Military Courts by Question and Answer may appear unes- 
sential in the view of the members of the Court, yet it is not so in 
the estimation of the parties who frequently ascribe to the neglect 
of that practice, what they deem a failure of Justice, especially 
upon an appeal. The officer who is to decide upon the appeal, 
cannot be so well possessed of the real facts and merits of the 
case in any other way. Besides indulgence in a departure from 
established forms in one particular leads to a neglect of them in 
other respects, and may multiply the questions and doubts which 
the tribunal of appeal is to solve and remove. 



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302 Annual Report of the 

The prisoner having complained that he was compelled by the 
Court to submit his Questions to the Judge Advocate to be put by 
him to the witnesses, it is proper to observe, that the seventy- 
fourth Section of the Militia Law of 1809, which allows commis- 
sioned officers to appear before Courts Martial by counsel, author- 
izes such counsel to frame the questions that may be put to the 
witnesses in behalf of his client; to discuss objections that may be 
raised by the Judge Advocate; to sum up the cause; and to ad- 
dress the Court Martial as he may the Judges and Jury in a Civil 
Court; but it does not, in the opinion of the Commander in Chief, 
control or dispense with the propriety of the customary practice 
of submitting the interrogatories of the accused to the public 
prosecutor, to be put by him to the witnesses- 
Having disposed of these incidental matters, the Commander in 
Chief, pursuant to the request of the appellant, proceeds to re- 
view the respective adjudications of the Court, beginning with< 
the second: 

Second. As no practice can or ought to supersede the positive 
injunctions of Law and the 58th section of the Militia Law of 1809 
having Enacted that no Burgeon or his mate who shall give a cer- 
tificate, purporting to exempt any person from doing military 
duty, shall receive any compensation for the same, the Court 
acted correctly in not admitting the Prisoner to produce Testi- 
mony to shew the practice of Surgeons of Regiments of Militia, 
to receive pay for examining private Soldiers therein, previously 
to granting them such certificates. 
This decision of the Court is therefore approved. 
Third. Inasmuch as there had no accusation been exhibited to 
the Court charging Doctor Jaques with having granted a number 
of certificates of exemption for Money to a number of privates who- 



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State Historian. 303 

were not incompetent; and that point was of course not in dispute 
between the People and the prisoner, it was, therefore, incumbent 
upon the Court to reject, as improper and irrelevant, any Testi- 
mony on the part of {he accused which went to establish a fact 
not at issue before them. 

This determination of the Court is consequently approved. 

Fourth. There exists, neither Law nor precedent, that would 
have justified the Court admitting as evidence, a copy of the pro- 
ceedings of an informal Court of Enquiry, containing the sub> 
stance of the evidence of Mrs. Rees upon the matter then before 
the Court, for the purpose of impeaching her Testimony. Her 
Evidence could only have been legally discredited by the persons 
who heard her testify before the said Court of Enquiry. 

Consequently, this decision of the Court is approved. 

Fifth and First. In finding the prisoner guilty of all the charges 
that wete exhibited against him, and in adjudging him to be re- 
moved from office, the Court have not, in the Judgment of the 
Commander in Chief, transcended the authority reposed in them 
by Law. The acts charged to have been committed by the pris* 
oner were in direct contravention of the before recited Fifty- 
Eighth Section. And, inasmuch, as the 73d Section of the said 
Act declares that " every commissioned officer who shall be con- 
victed by a General Court Martial, shall be punished according to 
the nature and degree of his offence by private or public repri- 
mand, suspension or removal from office; " the Court having pre- 
viously convicted the Prisoner, were therefore invested with a 
legal discretion of sentencing him to either of the punishments 
contained in that enactment. 

Upon the assumption that the Court acted properly in denying 
the prisoner the benefit of his challenge, there would then have 



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304 Annual v Report op the 

appeared no very material impropriety in their proceedings; but, 
the privilege of the Judge Advocate and the prisoner to challenge 
for cause, any member of a Court Martial, previously to his being 
sworn, is firmly established by Military ushge and precedent, (*) 
and is, moreover, consonant to the priniciples of universal Jus- 
tice, and indispensable to a fair and impartial trial. The Mem- 
bers of a Court Martial, like Jurors at Common law are Judges 
of both Law and fact, and may be sworn as witnesses, and give 
their evidence in the cause upon which they are to decide judici- 
ally; for they in fact can have no disqualifying interest in the 
issue of the prosecution nor any bias to testify falsely. And 
although the Militia Laws of this State do not mention any 
such privilege of challenge, yet it should not from thence be 
concluded that a prisoner or prosecutor is, by mere inference 
drawn from the silence of the Laws, to be deprived of the benefit 
of a right secured to the parties in all Judicial examinations at 
the Common law, and which is essential to the due administra* 
Hon of Justice. Indeed, if the simple omission of those Laws 
to recognize just principles of adjudication in relation to Courts 
Martial, be a conclusive reason for dispensing with their appli- 
cation in the administration of Martial Law, there would then 
exist the same authority for rejecting the known and estab- 
lished rules of evidence when deciding on military offences. And 
yet our Courts Martial, with great propriety, are very rigid in 
applying the ordinary principles of testimony to the investigation 
of such transgressions. 

In the Act constituting our Courts Martial, it is conceded, there 
is no express provision to try the validity of a challenge preferred 
against any member thereof; but does it thence inevitably follow 

(•) Macomb 71, McArthur 86. Adye 171, TyUer. 220. 



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State Historian. 305 

that so vital a principle of Justice is to be withheld from the 
accused or the prosecutor? Where the Laws are silent, may not 
established principles and customs, which are agreeable to rea- 
son, be resorted to with the same propriety in this as in many 
other instances of Military decisions? In England, where 
neither the articles of war nor the statutes of the Kingdom make 
■any provision for objecting to the Members of Courts Martial, 
nor point out the move of disposing of objections when made, 
it is nevertheless the settled usage of her Military Courts to ad* 
mit of challenges for cause, as in Civil Tribunals, and for the 
President and members thereof to decide on their Import and 
validity. And such also in conformity with the 71st Article of 
an Act " for establishing Rules and Articles for the Government 
of the Armies of the United States," is the duty of Courts Martial 
convened under the authority of the general government. 

Taking it for granted that Members of Military Courts are 
liable to be challenged and rejected, the question presents itself, 
whether objections can in like manner be made to the President 
of such Court, and if so, by what tribunal, and in what way, 
are those objections to be considered and decided? The propri- 
ety and necessity of having an unprejudiced President, as well as 
other members of a Court Martial is established by the authori- 
ties and arguments which have been already adduced, and the 
mode of trying and disposing of an allegation of his interest, bias 
or prejudice is the only point of obscurity or difficulty. But one 
authority bearing upon this point has met the eye of the Com- 
mander in Chief; it is the case of a challenge to Colonel Mont- 
gomerie, President of a General Court Martial, held in Edin- 
burgh Castle in January, 1795. It seems that the Court there 

deliberated upon the cause of challenge and repelled the objec- 
20 



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306 Annual Report op thb 

Hon. This phraseology is susceptible of two constructions, the 
most reasonable of which is, that the Court deliberated upon 
the objection, and intended to decide upon the validity of it, and 
upon the competency of Colonel Montgomerie, as if they had 
power to reject him and supply his place with another member, 
i Mr. Tytler, however, declares that the President of a General 
Court Martial must have certain qualifications as to rank, &c, 
whence it follows that if the ordinary Members decide against 
the President upon a Challenge, they may not have it in their 
power to supply his place from their number with a person of 
requisite rank, but must refer to the officer who instituted the 
Court for that purpose. It is very evident that the President is 
always in the first instance appointed by the Officer who organ- 
izes the Court Martial, and it is fairly to be presumed that he is 
influenced in making a selection by certain peculiar qualifications 
for that Station, such as elevated rank, superior intelligence and 
experience, energy and decision in the transaction of business, 
and in the maintenance of order and respect in Court, an ac- 
quaintance with the forms of doing business and with the method 
of taking down, and reporting proceedings of Courts Martial, 
and with the rules and laws of evidence. All these qualities are 
not equally indispensable in any other Member. 

The Commander in Chief is informed and believes, that officers 
of the Revolution, and of the present Army establishment of the 
United States, to whom has been confided the power of institut- 
ing general Courts Martial, have invariably exercised the exclu- 
sive privilege of naming the President as well at the institution 
of the Court as afterwards; but this right would be indirectly 
acquired by the other Members of the Court if they were vested 
with the power of rejecting, for any cause whatever, the Presi- 



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State Historian. 307 

dent originally named, and of substituting another in his place. 
It appears, therefore, to the Commander in Chief, that the most 
rational and discreet practice upon this point is that challenges 
to an ordinary Member of the Court are to be heard and deter- 
mined by the other Members as heretofore, but that objections 
to the President ought to be referred to the officer who named 
him, who will decide thereon and by subsequent order assign 
another President, or direct the Court to reassemble and pro- 
ceed with the same President, as may appear most just and 
proper. 

And, inasmuch as the mode of disposing of a challenge to the 
President has heretofore been unsettled, the above principles 
are hereby established in the Militia of this State, until some 
statute regulation may be made upon the subject. It must, how- 
ever, be understood, that should the party to be tried be served 
with an Official copy of the order naming the President of the 
Court, in season to enable him before the sitting thereof to pre- 
sent any objections he may have for the consideration and de- 
termination of the proper officer, and shall omit to do so, he will 
be deemed to have waived the objections, and will not be entitled 
to any adjournment for that purpose, after the meeting of the 
Court, unless he may assign and verify by affidavit, a sufficient 
reason and excuse for such lack or omission. 

Although the precise application for an adjournment, to enable 
Surgeon Jacques to submit his objection to Brigadier General 
Steddiford, does not appear to have been made, yet the decision 
of the Court, and the reasons assigned for it, went substantially 
to overrule such an application; 

Wherefore the Commander in Chief feels himself constrained 
by a regard to the fair and impartial administration of Justice, 



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308 Annual Report op the 

and a respect to the rights of Militia Officers, to withhold his 
sanction from the decision of the Court upon the first point pre- 
sented by the appeal, and accordingly disapproves thereof. 

Brigadier General Steddiford will, therefore, make such fur- 
ther Order, and take such further proceedings in the premises 
as may be proper and necessary. 

By order of the Commander in Chief: 



SEVERAL NEW COMPANIES ORGANIZED UNDER RESTRICTIONS. 

CO.: Headquarters, New York, 17th Oct 1311. 

Upon the application of Elijah Guion and others, and with 
the approbation of General Carpenter, Commandant of the Bri- 
gade of Infantry in Westchester County, the Commander in Chief 
does hereby organize a Light Infantry Company in Lieut. Col. 
Hobby's Regiment of the said Brigade, and brevets and assigns 
the said Elijah Guion as Captain thereof, until the Council of 
Appointment shall have signified its pleasure touching the same. 

The persons who may be enrolled in the above company must 
be completely equipped before they can of right claim the 
privileges and exemptions contained in the 12th Section of the 
Militia Law of 1810; until then they will be liable to do duty 
in the Battalion companies of the beats in which they shall 
reside; they may be compelled to serve on grand and petit juries, 
nor will they be entitled to exemption from Military duty in this 
State after having served fifteen Years. And should any officer, 
under such circumstances, grant or countersign, a certificate, 
with intent to procure any person enrolled in the said company 
the benefit of the said section, he would thereby subject himself 
to punishment. 



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State Historian. 309 

And if the Company hereby established shall not have thirty 
men, including eight non-commissioned officers, uniformed ac- 
cording to Law within a Tear from the date hereof or from the 
receipt of the commission by the Commander thereof, it shall, 
conformably to the 30th Section of the Militia Law of 1809, be 
disbanded, and the Commandant of the Regiment to which it is 
attached shall thereupon report such disbandment to the Com- 
mander in Chief; and whenever he shall publish the same in 
general orders, the officers of the said Company shall return to 
the beats of several battalion companies within which they re- 
spectively reside, and be liable to do duty therein. 

General Carpenter is required forthwith to transmit a copy of 
this order to Colonel Hobby, who will immediately upon the re- 
ceipt thereof communicate the same to Captain Guion. 
By order of the Commander in Chief: 

Wm., Paulding, Jun., Adjutant General. 

G. O.: Headquarters, New York, 28th October, 1811. 

The Commander in Chief does hereby organize a Company of 
Grenadiers in the Second Regiment of the First Brigade of In- 
fantry, and also a Company of Rifflemen in Col. Variant Regi- 
ment of General Thomas Carpenter's Brigade; and his Excel- 
lency is pleased to brevet and assign to the first company, John 
Sproul as Captain and John L. Fink as Lieutenant of the same, 
and to the Second Company, Thomas Sherwood as Captain, 
Ebenezer Baldwin as Lieutenant and Jonathan Lawrence as En- 
sign thereof, until the pleasure of the Council of Appointment 
shall have been signified in the premises. 

The uniform of Grenadier Companies is prescribed by the 36th 
Section of the Militia Law of 1809, and Rifle Corps as heretofore 
directed by the Commander in Chief, are to Equip themselves 



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310 Annual Report of the 

with Green Rifle frocks and pantaloons, with yellow fringe, and 
yellow buttons, black gaiters, round black hats with yellow bat- 
tons, black loops and short green feathers. # # # # 

(Here follows the same restrictions that were imposed upon 
the Westchester Light Infantry Company. State Historian.) 

Generals Steddiford and Carpenter are required forthwith to 
transmit copies of this Order to all whom it may concern in 
their respective brigades. 

By his Excellency's command: 

Wm. Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, New York, 29th Octob'r, 1811. 

The Commander in Chief hereby organizes in the first battalion 
of the Fourth Regiment and first brigade of Artillery, a company 
of horse Artillery, and brevets and assigns James McKeon as 
Captain, Thomas Shaw as first Lieutenant, John Gaynor as sec- 
ond Lieutenant, and William B. Myers as cornet thereof, until 
the Council of Appointment shall have signified its pleasure in 
relation thereto. This corps is to be equipped in the same man- 
ner as the company of horse Artillery at preeent attached to Col. 
Sitcher's Regiment. • • • • • 

(Here follows the restrictions that governed the formation 
of the Westchester Light Infantry Company, to be found on 
page 309. State Historian.) 

By His Excellency's Command: 

Wm. Paulding, Adjutant General. 

G. O.: Headquarters, New York, 1st Nov'r, 1811. 

The Commander in Chief is pleased hereby to organize a New 
Company of Artillery in Niagara County in Major Walter 
Grieves' battalion of the Regiment lately commanded by Lieut. 



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State Historian. 311 

Col. Joseph Kirkland, being the Second battalion of the Fifth 

Regiment; and is further pleased to brevet and assign Asa 

Stannard as Captain, John Seeley as first Lieutenant, and Pliny 

S. Field as Second Lieutenant of the same, until the pleasure 

of the Council of Appointment be known in the premises. 

The uniform of this company will be long dark blue coats, with 

scarlet linings, facings, collars and cuffs, dark blue pantaloons, 

and white vests, black gaiters or half boots, and round or cocked 

hats, as may be determined by the officers of the said Company. 

# # # (The restrictions found on page 309 follow. State 
Historian.) 
Brigadier General Kirkland is directed, on the receipt of this 

General Order, to cause copies of it forthwith to be communi- 
cated to the Officers of his brigade whom the same may concern. 
By His Excellency's Command: 

Wm. Paulding, Jun'r, Adjutant General. 



MORE EXPRESSIONS OF COMMENDATION FROM THE COMMANDER IN 

CHIEF. 

G. O.: Headquarters, New York, 29th Oct., 1811. 

The Commander in Chief feels great pleasure in yielding to 
Brigadier General Morton, and to the Officers and Soldiers who 
paraded under his command on the 17th inst, the Just tribute 
of praise which their military appearance and conduct merit. 
On this occasion they excelled their usual deportment and ap- 
pearance, and the Commander in Chief cannot hesitate to ac- 
knowledge that the parade was to him a most satisfactory and 
pleasing display of the Military enterprise, zeal, and skill of our 
patriotic Militia. 

By His Excellency's Command: 

Wm. Paulding, Jun'r, Adjutant-General. 



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812 Annual Report of the Stats Historian. 

assignments to command. 
G. O.: Headquarter©, City of New York, Nov'r 20, 1811. 

His Excellency, the Commander in Chief, has been pleased, od 
the recommendation of Lieut. Col. Curtenins, to assign and 
brevet John Woodward, as Second Lieutenant in the first Regi- 
ment of the first brigade of Artillery. And His Excellency or- 
ders that the said John Woodward be respected and obeyed 
accordingly. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 

G. O.: Headquarters, City of New York, November 23rd, 1811. 

The Commander in Chief is pleased to assign and brevet Daniel 
E. Dunscomb as Captain, Charles McKenna as first Lieutenant, 
and James B. Murray as Second Lieutenant, of a Company of 
Artillery hereby Organized and attached to the Second Regiment 
of the first Brigade of Artillery, which officers are to be obeyed 
and respected accordingly. 

And His Excellency orders that the Company aforesaid, wear 
the uniform of Artillery, except as follows: the Coat to be double 
breasted, with three Rows of buttons, the middle row connected 
with the exterior rows by a Gold lace or cord; a helmet with red 
feathers shall be worn instead of a cocked hat; and in the winter 
season blue cloth pantaloons, trimmed with red cord, will be 
permitted. 

Adjutant Dunscomb being transferred, by the organization of 
the above company to the line, Lieutenant Grant Forbes is as- 
signed as Adjutant of said Regiment. 
By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp. 



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Part II. 

The Second War with Great 

Britain. 



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PROTECTING OUR FRONTIER LINE. 

THE DANGER TO OUR FRONTIER JUST AS GREAT THEN AS IT 18 TO-DAY. 

G. O.: Headquarter*, April 2d, 1812. 

The Commander in Chief is required by the President of the- 
United States to order into service for the defence and protection 
of the frontiers of the State, detachments of the militia thereof, 
to be stationed at Niagara, Oswego, and near the mouth of the 
Black River. Major General Widrig, will, therefore, without 
delay detach from his division (excluding the Onondaga brigade) 
six hundred men, including officers, and will organize them into 
eight Companies, will assign the Captains and Subalterns, and 
will have them ready to march at a moment's warning. 

He will also report to the Commander in Chief one Lieutenant 
Colonel and two Majors whom he can recommend, to be assigned 
to the command of the detachment. Should any company of ar- 
tillery, or a part thereof, exceeding thirty men, uniformed and 
equipped, volunteer their services, they will be accepted and or- 
ganized as part of the above mentioned detachment, and will 
be equipped with field pieces, implements and ammunition by the 
State. The above mentioned detachment will be stationed near 
the mouth of the Black River. Major General Widrig will also 
require Brigadier General Ellis to furnish from his Brigade and 
have in readiness to march to Oswego, at a moment's warning, 
two companies of infantry, or one company of artillery of not 
less than forty men, and one company of infantry of one hun- 
dred men, including officers; the latter to have one Captain, two 



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316 Annual Report of the 

Lieutenants and one Ensign, or if there be two companies of 
Infantry of the ordinary number, then each company to have one 
Captain, one Lieutenant, and one Ensign to be assigned by Gen- 
eral Ellis. The places of rendezvous for the detachments from 
each brigade are to be fixed by the respective brigadier generals 
and reported to the respective Major Generals. 

Major General King will detach from the Madison and Cort- 
landt brigades of Infantry two hundred and fifty men to be in 
readiness to march to Oswego, whenever orders to that effect 
may be received, and to organize them into three companies, with 
one captain, one Lieutenant and one Ensign to each company. 
The detachments from Onondaga, Madison and Cortlandt Coun- 
ties will, upon their arrival at Oswego, be formed into one corps, 
to be commanded by a field officer whom the Commander in Chief 
will assign for that purpose. 

Major General Hall will forthwith detach from the seventh 
division of infantry under his command, six hundred men, in- 
cluding officers, and will organize them into eight companies, 
and assign Captains and subalterns to command the companies. 
The detachment from his division will be directed to rendezvous 
in such parcels, and at such places, as he shall designate, and 
will, from thence, proceed to the post of Niagara. Lieut. Col. 
Philetus Swift will taken command of the detachment from the 
seventh division. The Commandant of the Genesee brigade will 
detach one Major and the Commandant of the Niagara brigade 
one other Major, who together with Lieut Col. Swift, will com- 
pose the field officers of the detachment. The regimental staff 
will be selected by the commandant of the detachment and be 
reported to the Major General. 

The officers who are charged with the execution of this general 



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State Historian. 317 

order are instructed to be prompt and vigilant in its execution, 
and to encourage by all lawful means, volunteers for the detach- 
ment. The Commander in Chief cheiishes a lively hope that the 
patriotic and brave spirit which pervades the divisions, from 
which the above detachments are to be taken, will, immediately 
fill the required quota with volunteers. 

Volunteers under and pursuant to the act of Congress of the 
6th of February, authorizing the President to accept the ser- 
vices of Volunteers will be preferred, and the general and field 
officers will accept such volunteers accordingly as part of the 
detachments. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



PILLING UP THE QUOTA OF OFFICERS FOR THE FOURTH ARTILLERY. 

G. O.: Headquarters, City of New York, April 14th, 1812. 

At the request of Lt. Col. Sitcher of the Fourth Regiment of 
the first brigade of Artillery, the Commander in Chief is hereby 
* pleased to brevet in the said regiment the following persons: 
William Swain 2d Lieutenant in the Regiment, and Matthew 
Cunningham Surgeon's Mate thereof; Thomas Shaw, Captain. 
Charles A. W. McPherson first Lieutenant, Alexander Sibbold 
second Lieutenant, and William Bryce co: net of the second com- 
pany of horse Artillery; George Nixon, John R. Satterlee, 
Thomas L. Rich, Captains; Stephen A. Rich, James Ronalds 
Junior, Thomas A. Ronalds, first Lieutenants; George Sharp, 
Richard Ervin, Thomas Stevenson Junior, second Lieutenants of 
three new companies of Artillery they are hereby authorized 
and required to raise and equip. These officers are to be obeyed 
and respected, agreeably to their brevet rank, until the Council 



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318 Annual Report of the 

of Appointment shall have signified its pleasure in reference 
thereto. 

By his Excellency's Command: 

Wm. Paulding, Junior, Adjutant-General. 

G. O.: Headquarters, Albany, 15th April, 1812. 

The Commander in Chief has been pleased to assign and brevet 
Simeon Bellamy as Captain; Jacob Walley as first Lieutenant; 
and George Wands as second Lieutenant, of a Company of Artil- 
lery in the County of Albany; and directs that the/ be obeyed and 
respected accordingly, until the pleasure of the Council of Ap- 
pointment in the premises be known. 
By order of the Commander in Chief: 

John McLean, Jum'r, Priv. Sect'y. 

O. O.: Headquarters, City of New York, 20th April, 1812 

At the request of Brigadier General Giles, the Commander in 
Chief does hereby brevet and assign James Stoughton as a Lieu- 
tenant in the third brigade of cavalry; and directs that he be 
obeyed and respected as such until the Council of Appointment 
shall have made known its pleasure in the premises. 
By his Excellency's Command: 

Wm. Paulding, Jun'r, Adjutant General. 



THIRTEEN THOUSAND FIVE HUNDRED MILITIA CALLED UPON FOR DUTY. 

G. O.: Headquarters, City of New York, 21st April, 1812, 

In conformity with instructions from the President of the 
United States, bearing date the 15th instant, the Commander 
in Chief directs that thirteen thousand five hundred of the mil- 
itia of this State, including officers, be forthwith detached from 
the several brigades thereof, in the following proportions: 



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State Historian. 319 



he flrtl Brigade of Infantry , 


150 


The twenty-seventh Brigade of Infantry 870 


** second 


ti 


... 400 


44 


twenth-eighth 


44 


.... 880 


- third 


14 


... 680 


44 


twenty-ninth 


44 


.... 110 


" fourth 


44 


... 160 


41 


thirtieth 


44 


. .. 810 


44 fifth 


44 


... MO 


41 


thirty-first 


" .... 


.... 860 


« tlxth 


" 


180 


•4 


thirty-second 


M 


.... 840 


•• MTenth 


" 


.. 800 


41 


thirty-third 


44 


.... 880 


44 eighth 


It 


... 480 


44 


thirty-fourth 


44 


.... 870 


44 ninth 


41 


,.. 880 


44 


thirty-fifth 


44 


.... 180 


" tenth 


44 


... 660 


14 


thirty-sixth 


44 


60 


•• eleventh 


44 


510 


44 


thirty-seventh 


44 


.... 850 


44 twelfth 


44 


... 480 


44 


thirty-eighth 


44 


.... 190 


•• thirteenth 


It 


.. 840 


44 


thirty-ninth 


44 


.... 810 


41 fourteenth 


...... 


.. 870 

,.. 860 


" 


fortieth 


44 


.... 800 


" fifteenth 


11,700 


44 sixteenth 


44 


860 








•• seventeenth 





880 


The first Brigade of Cavalry.... 


.... 885 


44 eighteenth 


44 


,.. 870 


•4 


second 


44 .... 


.... 850 


44 nineteenth 


4* 


880 


44 


third 


44 


.... 190 


44 twentieth 


*4 


.. 840 








675 


44 twenty-first 





... 160 










44 twentj«second 


" 


880 


44 


first Brigade of Artillery 


.... 450 


44 twenty-third 


44 


880 


44 


second 


44 


.... 800 


44 twenty -fourth 


" 


800 


• 4 


third 


41 


.... 875 


44 twenty-fifth 


4 * 


810 








1.185 


•• twenty-slxth 


4 * 


880 











Every division of Infantry may furnish one-tenth of its quota 
in riflemen to be properly organized into distinct corps. 

The commanding officer of each brigade shall make an equi- 
table apportionment, among the respective corps thereof, of the 
brigade requisition, and will organize the same into companies 
and troops, to the command of which he is to assign the most 
respectable, active and enterprising of the Captains and sub- 
alterns of his brigade. These companies and troops shall be 
formed into battalions, squadrons and regiments, and the Majors 
thereof assigned by the General of Division, who is especially 
charged to select for that service officers of approved capacity 
and merit. The companies and troops detached and organized 
are to be arranged in the manner following: those from the First 
Division of Infantry into three Regiments; thoee from the Second 
Division of Infantry into three Regiments; those of the Third 
Division of Infantry into three Regiments; those from the Fourth 



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320 Annual Report of thb> 

Division of Infantry into two Regiments; those from the Fifth; 
Division of Infantry into two Regiments; those from the Sixth 
Division of Infantry into two Regiments; those from the Seventh 
Division of Infantry into three Regiments; those from the Eighth 
Division of Infantry into two Regiments; those from the division 
of Cavalry into one Regiment. 

The detachment fnom the first Brigade of Artillery will be 
organized into two battalions of three companies each, one of 
which battalions will be commanded by Major Robert Swartwout^ 
and the other by Major John Bleecker, the senior of whom will 
furnish a muster Roll, and an inspection Return of the said de- 
tachment to the Adjutant General, and will report to the officer 
of the United States commanding in the harbor of New York. 
The detachment from the second brigade of Artillery will be 
organized into one battalion of four companies to the command 
of which one Major of that Brigade will be assigned by the 
Major General. Should any Company or other Corps of artillery, 
cavalry, infantry or riflemen volunteer as part of the detach- 
ment, such Company or Corps will continue to be commanded in 
the detachment by the officers under and with whom the said 
Company or Corps shall volunteer. 

Companies and troops shall consist, as nearly as may be prac- 
ticable, of seventy-five men each, officers included; four of these 
will constitute a battalion or squadron. A Regiment of infantry 
or artillery is to comprise two battalions, and regiment of 
Cavalry two squadrons. 

The detachments hereby required to be drawn out from the 
militia, are in every respect to be organized, armed and equipped 
according to law, and for actual service; and will hold them- 
selves in readiness to march at a moment's warning. And when- 



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State Historian. 321 

ever the detachment and organization shall have been effected, 
the respective Corps are to be exercised by the officers assigned 
to command them, but are not to remain imbodied or considered 
in actual service, until by subsequent orders they shall be com- 
manded to take the field. 

Immediately after this general order shall have been received 
by the commanding officers of divisions and brigades they will 
proceed to execute it. And as soon as the various detachments 
herein mentioned have been duly organized into companies and 
troops, the commandants thereof are to make out and deliver 
correct muster rolls, and inspection returns of the same to the 
officer assigned to the command of the regiment into which those 
companies and troops shall have been formed; and the officer 
commanding every such regiment shall immediately thereafter 
transmit an accurate inspection return thereof, and exact copies 
of the said muster rolls to the Adjutant General's office, at the 
Capitol in the City of Albany. 

The Commander in Chief, confiding in the known Zeal, intel- 
ligence and public spirit of the militia, cherishes a confident 
expectation that both officers and soldiers will cheerfully emulate 
each other in tendering their voluntary services to defend their 
country, and in promptly carrying this order into full effect. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 



IN MOURNING FOB THE FIRST GOVERNOR OF NEW YORK. 

G. O.: Headquarters, City of New York, 25th April, 1812. 

The Commander in Chief deploring iii common with the rest of 

his countrymen the death of the venerable George Clinton, late 

Vice-president <rf the United States, and duly sensible of his 
21 



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322 Annual Report of the 

exalted virtues and public services, is pleased to direct that the 
officers of the militia of this State wear crape on the left arm 
for the term of thirty days, as a testimonal of their veneration 
for the character of one who has pre-eminently distinguished 
himself in the Cabinet and in the field. 
By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjt Genl. 



ASSIGNMENTS, TRANSFERS AND PROMOTIONS. 

G. 0.: City of New York, 27th April, 1812. 

At the request of Lieut. Col. Curtenius of the first regiment 
of the first brigade of artillery, the Commander in Chief does 
hereby brevet William Bakewell a second lieutenant in the said 
regiment until the pleasure of the Council of Appointment be 
known in the premises. 

By his Excellency's Command: 

Wm. Paulding, Jun'r, Adjutant General. 

G. O. : City of New York, 27th April, 1812. 

The active and various duties of the Adjutant General of the 
State, demanding his undivided attention, the Commander in 
Chief is, therefore, pleased to excuse him from the performance 
of service in the line, and accordingly directs Major Clarkson 
Orolius to assume the command of the Ninety-seventh Regiment 
of Infantry; Major S. I/Hommedieu of the First battalion, and 
Oapt. John McClure of the second battalion thereof, until other- 
wise ordered; reserving, nevertheless, the rank and right of Col. 
Taulding to promotion in the line. 

And his Excellency is further pleased to brevet Adam Walker 
as Lieutenant, and George Conlin as Ensign in the battalion of 



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State Historian. 323 

riflemen attached to the tenth brigade of Infantry, nntil the 
determination of the Council of Appointment be made known in 
relation thereto. 

By his Excellency's Command: 

Wm. Paulding, Jun'r, Adjutant General. 



TROOPS FOR THE PROTECTION OF NIAGARA AND OSWEGO. 

G. O.: Headquarters, Albany, April 28th, 1812. 

The detachment destined for Oswego and Niagara by general 
orders of the second day of April instant, are directed forthwith 
to proceed to the respective stations assigned them by those gen- 
eral orders. The Quartermaster-General has been directed to 
make the necessary arrangements for the transportation of the 
troops from the places of rendezvous to their respective places 
of encampment, and for their accommodation after their arrival; 
and the contractors have been required to furnish rations. 
Should there by any failure on the part of either of those depart- 
ments, the Commandants of the respective detachments are em- 
powered and required to cause the deficiencies to be supplied 
upon as economical terms as may be practicable, and to report 
the same to the Commander in Chief. 

It is most earnestly enjoined upon the officers and soldiers of 
the detachment, to conduct on their march and after their arrival 
at the several posts in the most conciliatory, orderly and respect- 
ful manner towards the inhabitants, and towards the regular 
troops with whom they may be associated; and to demean them- 
selves in all things as become patriotic citizen soldiers. Prom the 
moment of their assemblage they will be subject to the Rules and 
Articles of war, which the commanding officer of each detachment 



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324 Annual Report of the 

is directed to cause to be read to the corps on their arrival at the 
place of encampment, and to cause one copy thereof to be kept 
constantly in the encampment at some proper place, where every 
person belonging to the detachment may have access to it. The 
Commandants of the detachments will cause them to be assidu- 
ously and industriously disciplined and manouvered, and will pay 
strict attention to the health of those under their command, and 
for that purpose will exercise a rigid superintendence over the 
conduct of all the staff officers. 

By order of the Commander in Chief: 

Anthony Lamb, Lt. Col. and Aid-de-Camp. 



MADISON COUNTY ORGANIZES A COMPANY OF HORSE ARTILLERY. 

G. O.: Headquarters, Albany, 30th April, 1812. 

Whereas a number of persons in the County of Madison have 
associated themselves together as a volunteer company of horse 
Artillery, and have requested to be organized as such, and have 
engaged to equip themselves immediately, if the said company 
shall be sanctioned; 

The Commander in Chief therefore, hereby organizes the said 
company, and assigns William Jennings of Lenox for Captain; 
Argailus Cady for First Lieutenant; Joseph Bruce for second 
Lieutenant; and David Beecher for Cornet; who are to be obeyed 
and respected accordingly, until the pleasure of the Council of 
Appointment in the premises shall be made known. The uniform 
in all respects will be the same as that worn by Capt. Sizer's com- 
pany of Horse Artillery in Madison County, and the company will 
be attached to the third brigade of Artillery. As soon as the said 
company shall consist of forty men, completely uniformed and 



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State Historian. 325 

equipped, field pieces, implements and ammunition will be fur- 
nished for exercise and improvement. 

By order of the Commander in Chief: 

Anthony Lamb, Lt. Col. and Aid-de-Camp. 



captain costbgan is assigned to command. 
<}. O.: Headquarters, Albany, May 9th, 1812. 

At the request and upon the recommendation of the Lieutenant 
Colonel Commandant of the one hundred and thirty-sixth regi- 
ment of Infantry, and with the approbation of the Brigadier Gen- 
eral commanding the Thirty-first Brigade of Infantry, to which 
the said Regiment is attached; the Commander in Chief is pleased 
to assign Francis Costegan for Captain, and Henry W. Snyder 
for Lieutenant of a company in the Colonie belonging to the said 
Regiment; and directs that they be obeyed and respected accord- 
ingly, until the pleasure of the Council of Appointment in the 
premises shall be expressed. 

By order of the Commander in Chief: 

John McLean Jun'r, Aid-de-Camp, P. T. 



THE USUAL DISPUTE OVER SENIORITY. 

<}. O.: Headquarters, Albany, 27th May, 1812. 

Whereas a controversy about rank and right of promotion to 
the office of 2d Major of the One hundred and fourteenth Regi- 
ment of Infantry has for some time existed between Reuben Stone 
and Clark Rice, officers of the said Regiment, who were appointed 
Captains therein on the same day (April 3d, 1806); the said Reuben 
Stone having previously been senior Lieutenant in the said Regi- 



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326 Annual Report op the 

ment, by reason whereof he would have taken rank of the said 
Rice as Captain, had they not drawn for rank after their advance- 
ment to Captains; 

And whereas, by the General Order, dated July 9th, 1811, it was 
expressly provided, that if any officer had theretofore assented to, 
or acquiesced in, any mode of settling rank other than that com- 
municated and prescribed by the said General Order, he should 
not claim under that order, rights which he might expressly 
or tacitly have relinquished; and whereas, the said Clark Rice 
contends and insists that the said Reuben Stone did expjr essly re- 
linquish the preference which his Senior Lieutenancy might other- 
wise have given him, by assenting and submitting to a draft; by 
signing with all the other officers of the said regiment an agree- 
ment expressly waiving any priority of rank or right to promo- 
tion to a majority in the said regiment; by acting as a Junior 
Captain to the said Rice, in the said Regiment, for several years 
after the said draft, and by other acts of assent to and acquies- 
cence in the seniority of the said Rice; 

And whereas, the said Reuben Stone contends and insists on his 
part, that he did not voluntarily submit to the said draft; that he 
has uniformly alleged and insisted that he was senior Captain, and 
has not expressly or tacitly relinquished the right of being re- 
garded and promoted as such ; 

^.nd whereas, it is fit and proper the said controversy should be 
determined and the relative rank of the said persons whilst they 
were captains be ascertained and settled in the manner contem- 
plated by the act to organize the militia of this State; 

The Commander in Chief, for that purpose, does hereby appoint 
and organize a Board of officers, to consist of Brigadier General 
Port, and Major Michael S. Vandercook of Rensselaer County, and 



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State Historian. 327 

Majors Reuben Whallon, Nathaniel Pitcher and Christian Sack- 
rider of Washington County. Genl. Fort will be the president 
and will report without delay to the Commander in Chief the de- 
cision of the said Board as to the relative rank of the said Reuben 
Stone and Clark Rice as Captains at and immediately before the 
promotion of the said Reuben Stone to the office of Second Major. 
The Board will meet at the house of Major John Porter in Cam- 
bridge on the tenths day of June now next, at ten o'clock in the 
forenoon; of which meeting General Fort will cause immediate 
liotice to be given, as well to the members of the said Board as to 
the said Reuben Stone and Clark Rice. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



THE THIRD ARTILLERY CONVERTED INTO TWO REGIMENTS. 

G. O.: Headquarters, Albany 3d June, 1812. 

The Commander in Chief, upon the recommendation of Briga- 
dier General Wilkin and Lt. Col. Nathan Myers, divides the Third 
Regiment of Artillery into two regiments. The County of Dutch- 
ess will hereafter compose the third Regiment; Lt. Col. Nathan 
Myers and Major Samuel Slee will continue to command as Field 
officers therein. The artillery in Rockland, Orange and Ulster 
Counties will compose a separate regiment to be called the Sev- 
enth regiment of Artillery. General Wilkin will cause an imme- 
diate return to be made for the officers for the said Regiment. 

The Commander in Chief also hereby organizes a new Regi- 
ment to be called the eleventh regiment of cavalry, to consist of 
the companies of cavalry in the County of Otsego, and the com- 
panies in the County of Herkimer which are or may be organized 
south of the Mohawk river. The Commandant of the first bri- 



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328 Annual Report op the 

gade of Cavalry will cause the said regiment to be divided into 
two squadrons and will announce such division to Lt. Col. Bos- 
well Starr the commandant of the said eleventh regiment of Cav- 
alry. The said regiment will form part of the first brigade of 
cavalry, and the residue of the regiments from which the said 
eleventh regiment is taken will continue to retain their respec- 
tive numbers, and to be distinct regiments fr.om the one hereby 
organized. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



STILL ANOTHER DISPUTE OVER RANK. 

G. O.: Headquarters, Albany, 3d June, 1812. 

Whereas doubts are entertained as to the relative rank and con- 
sequent right to promotion in the Eighty-fourth Regiment of the 
militia of this state, of Peter B. Morgan, John L. Fonda, Daniel 
Ostrom and George Bloome; to remove which doubts the Com- 
mander in Chief deems it necessary to ascertain their legal rela- 
tive rank in the manner prescribed by the 92d section of the Act 
entitled, " An Act to organize the militia of this State," passed 
the 29th March, 1809; a Board of officers is accordingly hereby 
organized for that purpose, to consist of Brigadier General Leon- 
ard Smith of Newburgh, Lt. Col. Martin Heermance of Rhine- 
beck, Major Richard Rapalje of Fishkill, and Major Robert Dill 
of Shawangunk, Ulster County, from the Infantry; Lt. Col. 
Nathan Myers and Major Samuel Slee of Poughkeepsie, from the 
Artillery; and Lt. Col. Philip Pitcher of Redhook, from the Cav- 
alry. 

The board will meet at the Hotel of Boetwick and Buggies in 
the Village of Poughkeepsie on the 24th day of June instant, at 



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State Historian. 329 

ten o'clock in the forenoon; of which time and place of meeting, 
reasonable notice is to be given by General Smith, as President 
of the Board to the members thereof, and also to the persons 
before named whose rank is intended to be determined and set- 
tled. The President will report to the Adjutant General with- 
out delay the opinion and decision which the said board may 
form touching the aforesaid premises. 
By order of the Commander in Chief: 

Wm, Paulding, Jun'r, Adjt. General. 



another grenadier company organized by exempts. 
G. O.: Headquarters, Albany, 6th June, 1812. 

Whereas a number of inhabitants of the County of Otsego, 
who are severally exempt from militia duty on account of ser- 
vices in the late war, or age, have associated themselves together 
and formed a Company of grenadiers; and, whereas, the said 
persons have signed a roll, pledging themselves to bear arms 
and take the field in defence of this State, whenever it may be- 
come necessary by reason of invasion or otherwise; 

The Commander in Chief is therefore pleased, in pursuance of 
the authority vested in him by the act to organize the militia of 
this State, passed the 29th day of March, 1809, to sanction and 
organize the said Company, and does hereby assign and brevet 
James Westcoat to be the Captain, James Young to be the Lieu- 
tenant, and Barnabas Bates to be the Ensign thereof. The said 
company may uniform or not, at their discretion, and may select 
and adopt such uniform as they may think most economical and 
suitable. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



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830 Annual Report op the 

THE QUESTION OP COLOR NO BAR TO A UNIFORM. 

G. O.: Headquarters, Albany the 10th June, 1812. 

Whereas a company of Riflemen lately organized at Unadilla 
in the county of Otsego, of which Abel Chase is Captain, have 
represented to me that it is impracticable to procure green for 
uniforms, and that they are ready and willing to uniform in such 
materials as can be procured, and have prayed permission to 
uniform in short tight blue Jackets, scarlet facings, collars and 
cuffs, and yellow buttons, white vests, blue pantalons, with scar- 
let welts, red belts for the waist and shot-pouch, black stock and 
half gaiters, narrow brim round hats, with bearskin over the 
same, black cockades, silver cord and tassel, and black feathers 
with red tops; 

The Commander in Chief, under the circumstances before men- 
tioned, is pleased to permit the said company to uniform in the 
manner last above mentioned, and directs that they proceed with- 
out delay to equip themselves accordingly. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



MINOR MATTERS OF IMPORTANCE. 

G. O.: Headquarters, Albany, 10th June, 1812. 

The Commander in Chief is hereby pleased to direct that Major 
Lockwood's battalion of Riflemen hereafter parade annually 
twice only by battalion, and not three times as heretofore. 
By his Excellency's Command: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, the 12th June, 1812. 

The Commander in Chief hereby organizes a battalion of Rifle- 
men in the Twenty-seventh Brigade of Infantry in the County 



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State Historian. 331 

of Onondaga; and assigns as officers thereof the following per- 
sons: Charles Moseley, Major Commandant; Leonard Kel- 
logg, Charles B. Bristol, Luther Marsh, Captains; William Gar- 
diner, Jun'r, Samuel M. Smith, Lieutenants; Hezekiah Ketchum, 
Ensign. 

General Ellis will cause these forthwith to be communicated 
to Major Moseley. 

By his Excellency's Command, 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, 13th June, 1812. 

The Commander in Chief, judging it expedient to reform the 
Sixth Regiment of the third brigade of artillery, does hereby 
organize it into three regiments, to be severally composed of the 
companies thereof in the counties hereinafter mentioned, and 
arranged in the manner following: 

The Corps in Oneida and Herkimer shall form the first and 
those in Jefferson, Lewis and St. Lawrence the second battalion 
of a regiment hereby established, in the said counties, and to the 
command of which Joseph French is assigned. 

The Corps in Otsego and Madison shall form the First, and 
those in Chenango, Courtlandt, Onondaga and Broome the 
Second battalion of a Regiment hereby organized, in those coun- 
ties, and to the command of which Elijah H. Metcalf is assigned. 

And the Corps in Cayuga, Seneca and Tioga shall form the 
first, and those in Ontario, Steuben, Genesee, Niagara, Allegany, 
Chautauqua and Cattaraugus the second battalion of a regiment 
hereby established in the said counties, and to the command of 
which Walter Grieve is assigned. 

The Commander in Chief having directed the Adjutant General 
to ascertain by lot the numbers of the respective regiments of 



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332 Annual Report of the 

artillery in this State, is pleased to announce the result in 
orders: 

The first Regiment is commanded by Henry R. Teller; second, 
Peter Curtenius; third, Andrew Sitcher; fourth, Nathan Myers; 
fifth, Abel Watkins; sixth, Stephen Thorne; seventh, Walter 
Grieve; eighth, Joseph French; ninth, Simon Fleet; tenth, Selah 
Strong; eleventh, Francis Saltus; twelfth, Elijah H. Metcalf. 

Major General Stevens will immediately cause this order to be 
made known to those officers of his division whom it may con- 
cern. 

By his Excellency's command: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, 15th June, 1812. 

Major General Stevens, having assigned Major Samuel Slee to 
command the battalion of Artillery, detached from the second 
Brigade, and Major Peter C. Fox to the command of the battalion 
detached from the third brgade of his division, pursuant to Gen- 
eral Orders of the 21st days of April last, the said battalions are 
hereby formed into a regiment, and the following field and Staff 
officers assigned to command therein : 

Stephen Thorne, of Granville, Washington County, Lt. CoL 
Comm't; Peter C. Fox, of Palatine, Montgomery County, 1st 
Major; Samuel Slee, of Poughkeepsie, Dutchess County, 2d Majors 
Francis Adincourt, of Troy, Rensselaer County, Adjutant; John 
McLean, Jun'r, of the City of Albany, Quartermaster; Clement 
Moore, of the City of New York, paymaster; Samuel Rowley of 
Granville, Washington County, Chaplain; Jonathan Hedges, of 
Newburgh, Orange County, Surgeon; Josephus B. Stewart, of the 
City of Albany, Surgeon's Mate. 

Lieut. Col. Thorne is required to cause Muster Rolls and In- 



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State Historian. 333 

spection Returns of the said detached Regiment to be immedi- 
ately communicated to the Adjutant General. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



THREE SQUADRONS OF CAVALRY TO A REGIMENT. 

G. O. : Headquarters, Albany, 15th June, 1812. 

The cavalry detached in conformity to general orders of the 
21st day of April last, will be formed by the Major General of 
that Corps, into three squadrons, to compose a regiment, to which 
the following officers are hereby attached: 

George D. Wickham, of Goshen, Orange County, Lt. Co. 
Comm't; James Warner, of the City of New York, Theodore Ross 
of Elizabethtown, Essex County, Septimus Evans, of Geneva, 
Ontario County, Majors; Henry Arcularius, of the City of New 
York, Adjutant, Myrtle B. Hitchcock, of Kingsbury, Washington 
County, Quartermaster; Walter Willis, of the City of New York, 
Paymaster; Philip Duryee, of Stillwater, Saratoga County, Chap- 
lain; Charles Little, of Avon, Ontario County, Surgeon; Henry 
White, of Yorktown, Westchester County, Surgeon's Mate. 

Lieut. Col. Wickham will cause muster rolls and inspection re- 
turns for the said regiment forthwith to be furnished to the Ad- 
jutant General. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



AMMUNITION — HOW SUPPLIED POR FIELD ARTILLERY. 

G. O.: Headquarters, Albany, June 15th, 1812. 

The Commandmants of Companies entitled by law to receive 
ammunition for practice, and who have not already been supplied 



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334 Annual Report of the 

for the year 1812, will be entitled to receive upon application to 
the commissary of Military Stores in New York, or the Deputy 
Commissary in Albany, the following quantities of powder and 
shot, viz: 

Every commandant of a company, to which two twelve pound- 
era are attached, may receive four quarter casks of powder and 
twenty-four shots; every comm't to whose company two nines 
or sixes are attached, three quarter casks of powder and twenty- 
four shots; to a company supplied with two four or three pound- 
ers will be delivered two quarter casks and twenty-four shots; 
and to each company having two two-pounders, one quarter cask 
of powder and twelve shots; each company having one piece of 
any of the above descriptions, will be entitled to one-half of the 
powder and shot before mentioned. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



A NEW BATTALION OF RIFLEMEN FOR NSW YORK. 

G. O.: Headquarters, Albany, June 16th, 1812. 

The Commander in Chief has thought proper to organize the 
rifle companies in the tenth and third brigades of Infantry in the 
City of New York, and not included in the organization ot 
McClure's battalion, into a second battalion, and assigns the 
segnoir (Senior) Captain of the said companies to be Major com- 
mandant of the said second battalion, until the pleasure of the 
Council of Appointment in the premises be expressed. 

The rifle corps in the fifteenth brigade, in Westchester County, 
are hereby organized into a battalion, the senior captain of which 
corps will be Major Commandant of said battalion, and is hereby 



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State Historian. 335 

authorized and empowered to select a suitable person as Adjutant 
thereof. , 

The companies composing the said last mentioned battalion, 
beside the two company parades required by law, will parade 
once in each year by companies, with the regiments of Infantry 
to which the said companies are now respectively attached, and 
twice by battalion, at some central and convenient situation, to 
be designated by the Commandant of the said battalion, until 
further orders. 

The Commandants of the before mentioned brigades of Infan- 
try, are directed to cause this order to be forthwith carried into 
effect. j 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



THE SOUTHERN TIER GIVEN A NEW BRIGADE. 

G. 0.: Headquarters, Albany, 16th June, 1812. 

The Infantry in the Country of Broome, and that paat of Col. 
Oliver Huntington's Regiment which is within the county of 
Tioga, are hereby detached from the Eighteenth brigade and are 
organized into a separate brigade to be known as the Forty-first 
brigade, and will belong to the sixth division. Oliver Hunting- 
ton is appointed to the command of the said brigade, and will 
make out and transmit the necessary returns of inspection, and 
for promotions and appointments within the same according to 
law. The Infantry of the County of Tioga, except what is com- 
prehended in the regiment lately commanded by Oliver Hunting- 
ton, will henceforth compose the Eighteenth Brigade. 

Major Anson Camp, lately appointed brigade Major and In- 
spector of the eighteenth, is assigned to and will officiate in the 



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336 Annual Report op the 

forty-first brigade hereby organized; and the brigade Quarter- 
master will be attached to and officiate in that one of the two 
brigades above mentioned within which he may reside. 

General Carpenter will make the returns for appointments and 
promotions in the eighteenth brigade, which may be rendered 
necessary by this general order. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



STILL ANOTHER CAVALRY REGIMENT. 

G. O.: Headquarters, Albany, 17th June, 1812. 

The troops of cavalry in that part of Ontario County compre- 
hended within the boundaries of the thirty-ninth brigade of In- 
fantry, together with those in the counties of Genesee, Niagara, 
Chautauqua and Cattaraugus, are hereby detached from the tenth 
regiment and organized into a new regiment to be denominated 
the twelfth regiment of cavalry, and shall be commanded by Sey- 
mour Boughton, and attached to the first brigade of cavalry. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



THE WAR QUOTA DIVIDED INTO TWO DIVISIONS OP EIGHT BRIGADES. 

G. O. : Headquarters, Albany, the 18th June, 1812. 

The militia directed by General Orders of the 21st day of April 
last, to be detached from brigades and organized into regiments 
are, by order of the Commander in Chief, hereby definitely ar- 
ranged into eight brigades to be denominated the First, Second, 
Third, Fourth, Fifth, Sixth, Seventh, and Eighth, and two divis- 
ions to be called the first and second of the detachment : The first 



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State Historian. 337 

brigade is composed of regiments detachments from Maj. Genl. 
Coles' division; 

The second brigade is composed of regiments detached from 
Maj. Gen. Hathorn's division; 

The third brigade is composed of regiments detached from Maj. 
Genl. Mooers' division; ; 

The fourth brigade is composed of regiments detached from Maj. 
Genl. Veeder's and Todd's divisions; 

The fifth brigade is composed of regiments detached from Maj. 
Genl. Widrig's division; 

The sixth brigade is composed of regiments detached from Maj. 
Genl. King's division; 

The seventh brigade is composed of regiments detached from 
Maj. Genl. Hall's division; 

The eighth brigade is composed of the regiment of cavalry or- 
ganized under the command of Lieut. Col. George D. Wickham, 
by general orders of the 15th instant of a regiment of light infan- 
try and a regiment of riflemen. 

The first division shall comprise the fourth, fifth, sixth, seventh 
and eighth, and the second division the first, second and third 
brigades, and the regiment of artillery organized under the com- 
mand of Lieut. Col. Stephen Thorn, by general orders of the 15th 
instant. » 

Major General Stephen Van Rensselaer, of Albany, is assigned 
to the command of the first, and Major General Benjamin Mooers, 
of Plattsburgh, Clinton County, to the second division; and the 
following Brigadier Generals are assigned to the command of the 
respective brigades: 

22 * 



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338 Annual Report op the 

To the first, Gerard Steddiford of the City of New York; 

second, Reuben Hopkins of Goshen, Orange County; 
third, Micajah Pettit of Queensbury, Washington County; 
fourth, Richard Dodge of Johnstown, Montgomery 

County; 
fifth, Jacob Brown of Brownville, Jefferson County; 
sixth, Daniel Miller of Homer, Cortlandt County; 
seventh, William Wadsworth of Genesee (Geneseo), On- 
tario County; 
eighth, George McClure of Bath, Steuben County. 

The Lieutenant Colonels hereinafter named are assigned in the 
following manner, to the command of regiments belonging to the 
preceding brigades, which regiments shall be numbered from one 
to twenty inclusive: 

To the regiments of the first brigade. 
First, Beekman M. Van Beuren of the City of New York; 
Second, Jonas Mapes, of the City of New York; 
Third, John Ditmas of Jamaica, Queens County. 

To the regiments of the Second Brigade. 
Fourth, Abraham I. Hardenbergh of Shawangunk, Ulster 
County; 
Fifth, Martin Heermance of Rhinebeck, Dutchess County; 
Sixth, Abraham Van Wyck of Fishkill, Dutchess County. 

To the Regiments of the Third Brigade. 
Seventh, James Green of Argyle, Washington County; 
Eighth, Thomas Miller of Plattsburgh, Clinton County; 
Ninth, Peter J. Vosburgh of Kinderhook, Columbia County. 



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State Historian. 33i> 

To the Regiments of the Fourth Brigade. 
Tenth, John Prior of Greenfield, Saratoga County, and 
Eleventh, Calvin Rich of Sharon. Schoharie County, are to be 
attached 

To the Regiments from General Veeder's division. 

Twelfth, John T. Van Dalfsen of Coeymans, Albany County, 
and 

Thirteenth, Putnam Farrington of Delhi, Delaware County, are 
to be attached to the regiments from General Todd's division. 

To the Regiments of the Fifth Brigade. 
Fourteenth, William Stone of Whitestone, Oneida County; 
Fifteenth, Thomas B. Benedict of De Kalb, St. Lawrence 
County. 

To the Regiments of the Sixth Brigade. 
Sixteenth, Farrand Stranahan of Cooperstown, Otsego County; 
Seventeenth, Thompson Mead of Norwich, Chenango County. 

To the Regiments of the Seventh Brigade. 
Eighteenth, Hugh W. Dobbin of Junius, Seneca County; 
Nineteenth, Henry Bloom of Genoa, Cayuga County; 
Twentieth, Peter Allen of Bloomfield, Ontario County. 

To the Regiments of the Eighth Brigade. 
The Regiment of Light Infantry, Jeremiah Johnson of Brooklyn, 
Kings County; 

The Regiment of Riflemen, Francis McClure of the City of New 

York. 
The following Majors have been assigned to the Regiments of 
the Third Brigade of the detachment: 



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340 Annual Report op the 

The seventh regiment. 
Christian Sackrider of Sandy Hill, Washington County, 1st 
Major; ' 
Joseph Taylor of Hartford, Washington County, 2d Major. 

The Eighth Regiment. 
Melancton Smith of Plattsburgh, Clinton County, 1st Major; 
Ransom Noble of Essex, Essex County, 2d Major. 

The ninth regiment. 
William Tanner of Hillsdale, Columbia County, 1st Major; 

Tisdale Eddy of , Rensselaer County, 2d Major. 

To the aforesaid detached brigades the Commander in Chief is 
pleased to assign the following Staff officers: 

The first brigade. 
Theophilus Pierce of the City of New York, Brigade Major and 
Inspector; 

Charles Graham of the City of New York, Brigade Quarter- 
master. 

The second brigade. 

John Dill of Shawangunk, Ulster County, Brigade Major and 
Inspector; ' 

Robert Heart of Orangetown, Rockland County, Brigade Quar- 
termaster. 

The third brigade. 

Michael S. Vandercook of Pittstown, Rensselaer County, Brig- 
ade Major and Inspector; 
Deane Edson of Essex, County of Essex, Brigade Quartermaster. 

The fourth brigade. 
Moses I. Cantine of Catskill, Greene County, Brigade Major 
and Inspector; 



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State Historian. 341 

Leonard H. Gansevoort of Northumberland, Saratoga Co., 
Brigade Quartermaster. 

The fifth brigade. 
Robert Shoemaker of German Flats, Herkimer County, Brigade 
Major and Inspector; 

Henry .Seymour of Pompey, Onondaga County, Brigade Quar- 
termaster. 

The sixth brigade. 

Thomas Greenley of Hamilton, Madison County, Brigade Major 

and Inspector; 

Nathaniel R. Packard of Cherry Valley, Otsego Co., Brigade 

Quartermaster. 

The seventh brigade. 

Julius Keyes of Clarence, Niagara County, Brigade Major and 

Inspector; 

Henry Wells of Elmira, Tioga County, Brigade Quartermaster. 

The eighth brigade. 

Joseph Lord of Canaan, Columbia County, Brigade Major and 
Inspector; 

Jeremiah Anderson of Harison, Westchester Co., Brigade 
Quartermaster. 

The Generals of divisions and brigades are to select their aids- 
de-camp, and the Lieut. Colonels their regimental staffs; and 
every officer commanding a detached regiment shall forthwith 
transmit to the Adjutant General a Roster of the names and 
places of residence of the field and staff officers; an accurate in- 
spection return; and correct copies of the muster rolls of the 
companies and troops thereof; and shall also convey an exact 
copy of the said inspection return to the Commander of the bri- 
gade to which his corps is attached, who shall immediately there- 



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342 Annual Report op the 

-after make out an inspection return of his brigade, and send it to 
the general of the division, that he may, in due season, transmit 
to the Commander in Chief, an Inspection return thereof. And 
Muster rolls and inspection returns of companies and troops who 
have volunteered their services under the Act of Congress of the 
sixth day of February last, must be promptly transmitted to the 
Adjutant General, that such corps may be organized and officers 
assigned, by subsequent orders, to command them. 

The commanding officer of each division of Infantry of this 
State, shall without delay indicate to every Lieutenant Colonel, 
herein-named, for that purpose, the particular regiment of those 
detached from the division he is to command, and shall immedi- 
ately communicate to him the names and places of residence of 
the Majors who have been, or may be assigned to every such regi- 
ment 

The Generals commanding the divisions and brigades of the 

I 
detachments, will as soon as possible, inform the Adjutant Gen- 
eral of the names and places of residence of their respective 
Aids-de-Camp. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



CLARK RICE WINS HIS OASE. 

O. O.: Headquarters, Albany, 19th June, 1812. 

The board of officers appointed to settle the question of rank 
between Clark Rice and Reuben Stone of the One hundred and 
fourteenth regiment of Infantry, having decided in favor of the 
former, he has accordingly been appointed second Major, to take 
rank from the day preceding that of the appointment of the 



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State Historian. 343 

latter to the office of second Major. The said Clark Bice, con- 
formably to this decision and appointment, is assigned to the 
command of second Major in the One hundred and fourteenth 
Regiment, and Major Stone will remain a supernumerary until 
a vacancy, or other occurrence shall render it proper for him to 
resume a command as Major in the line of the said Regiment. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



two additional rbgimbnts op riflemen. 
G. O.: Headquarters, Albany, June 20th, 1812. 

Pursuant to a provision for that purpose contained in the Act 
entitled, " An Act for the payment of certain officers of govern- 
ment, and for other purposes," passed June the 19th, 1812; the 
Commander in Chief organizes the two battalions of Riflemen, 
heretofore organized in the City of New York, into a regiment 
of Riflemen to be called and known as the first regiment of rifle- 
men, and assigns Major Francis McClure to the command 
thereof. The companies composing the said regiment will parade 
three times by companies, three times by battalions, and twice 
by regiment in each year, the times and places of company and 
battalion parades to be ordered by the Majors, and the times and 
places of the regimental parades to be prescribed by the com- 
mandant of the said regiment, until otherwise directed by Gen- 
eral orders. 

Pursuant to the authority above mentioned, the battalion of 
Riflemen in the Thirty-first brigade of Infantry in Albany County, 
and the battalion of riflemen in the Eighth brigade of Infantry 
in Rensselaer County, are also organized into a regiment to be 
called and known as the Second Regiment* of Riflemen, to the 



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344 Annual Report of the 

command whereof Major Samuel M. Lock wood is hereby as- 
signed. The battalions of the said regiment will parade under 
the respective senior officers thereof, by companies and bat- 
talions as heretofore directed; and in addition thereto, will 
parade as a regiment once in each year under the orders of the 
Commandant of the said Regiment. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



THE DECISION IN THE JACQUES COURT MARTIAL SUSTAINED. 

G. O.: New York, 21st June, 1812. 

The Court Martial which re-assembled on the 11th day of No- 
vember last for the purpose of reviewing its proceedings and 
sentence against Surgeon John D. Jacques, having confirmed the 
same, and the prisoner having appealed therefrom to the Com- 
mander in Chief, His Excellency has, therefore, maturely con- 
sidered all the circumstances attending the case and approves 
thereof. 

Brigadier General Steddiford will cause the said sentence to 
be carried into effect. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



LIEUT. COL. FLEMING PROMOTED. 

G. O. : Headquarters, Albany, June 12th, 1812. 

Lieutenant Colonel Fleming, Commandant of the detachment 
of Militia of this State, in the service of the United States, sta- 
tioned at Oswego, kas been appointed to the office of commis- 



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State Historian. 345 

sary of military stores for the western district. Should Lieut. 
Co. Fleming accept and qualify to the said office, Lieutenant 
Colonel Erastus Cleveland, of Madison County, will succeed him 
in the command of the said detachment, and will be obeyed and 
respected accordingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



THE WAR CLOUD BREAKS AT LAST. 

PROMPT MEASURES TAKEN TO PROTECT NEW YORK CITY AND THE 
FRONTIER FROM THE THREATENED INVASION OF THE ENGLISH. 

G. O.: Headquarters, Albany, June 27th, 1812. 

The Commander in Chief is required by the President of the 
United States to call into service such part of the 13,500 men 
detached from the first division of Infantry as may be required 
by General Bloomfield for the defence of the southern frontier 
• of this State. Major General Coles is, therefore, hereby directed 
to give notice thereof to the commandants of the brigades of 
Infantry composed of the Infantry of the City of New York, and 
in Westchester, Kings and Richmond Counties, and to order the 
commandants of those brigades to call out and send their respec- 
tive detachments into service, upon such requisition of General 
Bloomfield, without waiting for further division orders for that 
purpose. General Coles will also in concert with General Bloom- 
field, and the said commandants, in anticipation of such requisi- 
tion, fix beforehand upon the signals for assembling the detach- 
ments upon the places at which they shall respectively rendez- 
vous, and upon the route they shall respectively pursue to their 
destined post, so as to create as little confusion and interference 
as possible, at the moment of commencing their service; and will 



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346 Annual Report of the 

also notify the General and field Officers thereof. Major Gen- 
eral Coles will also arrange with General Bloomfield, and with 
the State Commissary, the places and manner of supplying with 
arms and ammunition, that portion of the detachment which may 
be ordered into field service, and may be destitute of arms. 

The Commander in Chief entreats the prompt and earnest at- 
tention of the Major General to the above objects, and assures 
him of his entire confidence in his patriotism and military zeal 
and in his disposition to render every assistance in his power 
towards such a vigorous prosecution of the war, as may bring it 
to a speedy, honorable and successful termination. 
By order of the Comm'r in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, June 27th, 1812. 

The Commander in Chief is required, by the President to order 
into service, upon the requisition of General Bloomfield, for the 
defence of the Southern frontier of this State, a part of the 
detachment of 13,500 men. Major General Stevens will there- 
fore, by division orders, require General Morton to order out, 
upon the requisition aforesaid, such part of the detachment from 
his brigade of Artillery as may not already have been called 
upon for that purpose; and in case of invasion of any part of the 
southern district of this State, he will, by virtue of this order, 
consider himself fully authorized to call out immediately, the 
whole of the said brigade for the purpose of repelling such 
invasion. 

General Stevens is also required to devise and announce beiore- 
hand, a plan for assembling the artillery detachment, and also 
the whole brigade, most expeditiously upon a sudden emergency; 



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State Historian. 347 

to fix the respective places of rendezvous for the detachments 
and their line of march to the respective places of their destina- 
tion, so as not to interfere with or retard each other. Much reli- 
ance is placed by the Commander in Chief on the intelligence, 
experience and patriotism of Major General Stevens, and upon 
his devotedness to render important services to his country in 
the present trying crisis; and his Excellency confidently hopes 
that the General will exert his talents, his influence, and his 
official authority to produce a vigorous prosecution of the war, 
as a most certain means of ensuing a speedy, honorable and pros- 
perous termination of it, and a consequent happy and durable 
peace. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, June 27th, 1812. 

The Commander in Chief is desired by the President to order 
into service, upon the requisition of General Bloomfield, a part 
of the detachment of 13,500 of the militia of this State. Major 
General Van Rensselaer will, therefore, without delay, direct 
Brigadier Genl. Giles, upon, such requisition, to order our (to) 

service the detachment from Lieut. Col. Jacob Odle's regiment of 
r 

cavalry; and in anticipation of and preparatory to such requisi- 
tion, to fix upon the mode of communicating to the detachment 
the speediest notice thereof; to establish the places of rendez- 
vous for the several troops of the detachment, and to give notice 
thereof to the officers; to prescribe the route of march to the 
place of destination, and to make and announce all other neces- 
sary preparatory arrangements for the most speedy assemblage, 



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348 Annual Report op the 

and for the greatest usefulness of the said detachment, whenever 
General Bloomfield shall make the said requisition. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



TWO PROMOTIONS. 

G. O. : New York, 3d July, 1812. 

The Commander in Chief does hereby brevet Robert Thorburn 
and John Van Kleeck as Ensigns in the One hundred and sixth 
Regiment of Infantry, until the pleasure of the Council of Ap- 
pointment be made known in the premises. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



HONORS TO THE HERO OF FORT SCHUYLER. 

GENERAL ORDER ISSUED OUT OP RESPECT TO THE MEMORY OP GEN. 
PETER GANSEVOORT.* 

G. O.: Headquarters, Albany, July 2d, 1812. 

The Comm'r in Chief has received with sincere sorrow infor- 
mation of the death of General Peter Gansevoort. His distin- 
guished services in the Revolution, and his uniform usefulness 

•Peter Gansevoort was born in Albany, N. Y., July 17, 1749; died in that city July S, 
1812. He was a born soldier. He was appointed Major of the Second New York Regi- 
ment July 19, 1775, and accompanied the Army of Invasion to Canada under the lamented 
Montgomery. November 21, 1776, he was promoted Colonel of the Third Regiment, and 
appointed to the command of Fort George. April 17, 1777, he was in charge of Fort 
Schuyler, which had originally been known as Fort Stanwix, and successfully defended 
It against the British and Indians under St. Leger, and by his resistence broke Bur- 
goyne's combinations, and contributed largely in enforcing the surrender at Saratoga. 

It was at Fort Schuyler that the first United States flag was unfurled to the breeze. 

For his services at Fort Schuyler he received the thanks of Congress. He accompanied 

Sullivan in his western expedition in 1779, and with a body of picked men surprised 

the Lower Mohawk Castle and captured all the Indian inhabitants. For this act of 

• gallantry he was appointed Brigadier-General by the Legislature of New York. 

After the War of the Revolution, he accompanied Washington on his tour orer the 

northern battle-fields. He occupied a conspicuous position in the controversy caused 

by the New Hampshire land grants, and subsequently was Commissioner of Indian 

Affairs, and Commissioner for fortifying the frontiers. 

In 1809 he was made Brigadier-General in the U. S. Army. 

STATB HISTORIAN. 



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State Historian. 349> 

through life, endeared him to every patriotic citizen; those offi- 
cers and soldiers in particular, who have been under his com- 
mand as .Major General of the militia of this State, and as a 
Brigadier General of the present army of the United States, will 
with ardor unite in every suitable testimonal of respect for his 
character and services. 

The Comm'r in Chief, therefore, directs the following corps 
and detachments to rendezvous at the Capitol in the City of Al- 
bany tomorrow afternoon (3d July) at three o'clock, to inter the 
remains of the deceased with military honors. Lieut. Col. Lock- 
wood's regiment of riflemen, excepting the Bethlehem and Guil- 
derland companies, the Albany volunteers attached to Col. Vis- 
chert regiment of infantry; Captain Humphrey's, Captain Schuy- 
ler's and Captain Van Alen's troop of cavalry; from Col. Wester- 
loe's regiment; Lieut. Col. Thomas Davis will detach, and order 
to rendezvous as aforesaid the light Infantry companies attached 
to his regiment. Captain Walker's company, except a detach- 
ment thereof, sufficient to manage the field pieces, will assemble 
at the same time and place; the whole will be formed by and 
subject to the orders of General Trotter, who will be command- 
ing officer on the occasion. 

By order of the Commander in Chief: 

John McLean, Jun'r, Priv. Secr'y. 



WAR OFFICIALLY DECLARED. 
the commander in chief's efforts to inspire confidence, 

energy and patriotism among the troops. 
G. O.: Headquarters, Albany, June 23d, 1812, 

I am officially informed that War is declared between the 
Kingdom of Great Britain and Ireland and its dependencies, 
and the United States of America and the territories thereof. 



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350 Annual Report op the 

You will see by the enclosed papers that I have assigned yon 
a Major General of that part of the detachment of 13,500 which 
is on the east side of the Hudson, and in Rockland, Ulster and 
Orange Counties on the West side. I expect much from your 
influence, experience and patriotism. Col. Miller and Major 
Smith of your place are also assigned and will be under your 
orders. I have also ordered Brigadier General Pettit to repair 
to Plattsburgh and receive your orders and directions. It would 
also be well to keep up a communication and understanding 
with the officers on the Vermont side of the Lake. Additional 
arms, ammunition, &c, leave this (to-morrow) morning for your 
quarter and will proceed without a moment's delay. The pro- 
portion of the 13,500 detached from Washington, Essex, Clinton 
and Franklin are subject to your division orders by virtue hereof, 
whenever you may think proper to call on them; you also know 
that by the militia law, you may order out the whole militia 
of your division, whether belonging to the detachment or not, 
in case of invasion. Everything on my part shall be done to 
forward whatever may be necessary to render the inhabitants 
of Franklin and Clinton Counties perfectly safe. I rely upon 
your best efforts and upon the patriotism of every good citizen 
to afford every possible assistance. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

To Major General Benjamin Mooers. 



PLATTSBURG REGARDED AS ONE OP THE KEYS OP THE SITUATION. 

G. O.: Headquarters, Albany, 23d June, 1812. 

You are assigned to command the most northerly brigade of 
a detachment of 13,500 men. The declaration of war between 



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State Historian. 351 

the kingdom of Great Britain and Ireland and its dependencies, 
and the United States of America, renders it proper that I should 
thus early require your services. You will therefore, please to 
repair to Plattsburgh, and. concert measures with Maj. Genl. 
Mooers, under whose command you will be, for the security and 
protection of the inhabitants of Clinton and Franklin Counties. 
The detachment from Washington, Essex, Clinton and Frank- 
lin Counties are subject to his orders immediately. 

You will see the arsenal at Elizabethtown, Essex County, on 
your way, and will understand that additional supplies of arms, 
ammunition, &c, leave this to-morrow morning for Plattsburgh. 
You may call to your assistance and into service the Inspector 
of the detached Brigade, and your Aid-de-Camp whenever you 
deem it necessary. You will also report to me by mail, or by 
express, if it be necessary, your proceedings and requisitions, as 
often as possible, and are at liberty to draw on me not exceeding 
two thousand five hundred dollars, for the needful expenses and 
contingencies of the emergency. I rely much upon your vigi- 
lance and patriotism, and vest you accordingly with a liberal 
discretion. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

To Brig'r General Micajah Pettit. 



LOOKING AFTER THE CENTRAL LAKE FRONT. 

G. O.: Headquarters, Albany, June 23d, 1812. 

War is declared by the United States against the Kingdom of 
Great Britain and Ireland and its dependencies. You will there- 
fore be vigilant and attentive to the safety of the frontier of 
Onondaga. You are by this letter authorized to order out Major 



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352 Annual Report op the 

Moseley's battalion of riflemen (two companies), Captain Mul- 
holland's Company of artillery or any other part of the volunteer 
or detached troops of your brigade, to reinforce the Oswego de- 
tachment, upon the requisition of the Commandant of that po.st. 
Should Col. Fleming accept the office of Commissary to which 
he is appointed, Lt. Col. Erastus Cleveland of Madison County, 
will succeed him in that command. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
To Brig'r General John Ellis. 



THE NIAGARA FRONT NOT OVERLOOKED. 

G. O.: Headquarters, Albany, June 23d, 1812. 

You will please to order out immediately, and send on in such 
small detachments as can be accommodated on the road, the 
troops detached from Ontario, Genesee and Niagara, as part of 
the 13,500 men. They may be equipped from the Arsenal with 
arms and ammunition; their clothing and blankets must be 
found by themselves. Camp kettles, and other camp equipage 
will be forwarded immediately. Every officer and every citizen 
who values the safety of his fellow citizens on the frontier, 
and the dignity and honor of his country, will exert him- 
self to the utmost to inspire mutual confidence, to obviate 
as much as possible the difficulties incident to the as- 
semblage of militia detachments, and by every possible 
act of kindness, to assist and expedite the movements of the 
brave men who turn out in behalf of their country. Genl. Wads- 
worth is ordered into service and will take the command for the 
present, of the detachment already out, and of the troops which 
may be ordered into service on the Niagara frontier. 



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Statb Historian. 353 

The declaration of war between the kingdom of Great Britain 
and Ireland and its dependencies, and the United States, which 
declaration is enclosed, will call for the services of officers of a 
higher grade than Brigadier General, in a short time, and you 
will please hold yourself in readiness accordingly. The troops 
are of course to act offensively whenever an opportunity pre- 
sents, and the commanding officer may deem it to be for the good 
of the country. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

To Major General Amos Hall. 



ORDNANCE AND QUARTERMASTER SUPPLIES FOR NIAGARA. 

G. O.: Headquarters, Albany, June 23d, 1812. 

You will exert yourself to forward the military stores which 
may be wanted from Canandaigua towards the Niagara frontier, 
and to supply every deficiency as far as may be practicable. If 
you can procure cannon ball to be cast, let it be done and let 
* them suit the calibers of sixes, fours and threes. I have ordered 
additional troops to the frontier; of course great exertions must 
be made to have them accommodated in every respect; this duty 
will fall on your department at present, and I shall expect your 
usual skill, promptness and patriotism in the performance of 
them. Camp kettles, a few tents, and some knapsacks, and a 
quantity of cannon ball will be sent on to-morrow, with orders 
to proceed with the utmost dispatch. Genl. Wadsworth is or- 
dered on with the detached troops of Ontario, Genesee and Nia- 
gara, to take the command, accommodate them, feed them, cher- 
2& 



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354 Annual Report of the 

iah them. They will act offensively whenever it may be judged 
proper. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
To Quartermaster General Peter B. Porter. 



PUSHING WAR SUPPLIES TO BLACK ROCK. 

G. (X: Headquarters, Albany, June 23d, 1812. 

War is declared between the kingdom of Great Britain and 
Ireland and its dependencies, and the United States of America, 
and the territories thereof. As the Brigadier assigned to com- 
mand the most westerly detachment, you are hereby required to 
assemble the volunteers aijd detached troops of Ontario, Genesee, 
and Niagara Counties, to cause them to be equipped with arms 
and ammunition at the Ontario and Batavia arsenals. Tou are 
also at liberty to require the use of and transport with the troops, 
the field pieces attached to such companies of Artillery within 
the district above mentioned as shall not volunteer or turn out in 
defence of the country with patriotic promptitude. Ball for the 
cannon and (the other articles in which the Arsenals are deficient, 
will be forwarded without delay. 

In the meantime, you will be pleased to exert yourself to pro- 
mote a disposition to maintain the rightts and honor of the coun- 
try, and may proceed to Black Rock with the troops. You may 
collect or go directly to lit. Col. Swift, and order the troops to 
follow. You are at liberty to act offensively as well as defen- 
sively, according as in the exercise of a sound discretion may 
appear most for the safety and interest of the United States and 
the good people thereof. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

To Brig' r General William Wadsworth. 



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State Historian. 355 

officers directed to be upon the alert, 
O. O.: Headquarters, Albany, June 23d, 1812. 

I am just informed officially, that war is declared between the 
United States and their "territories, and the United Kingdom of 
Great Britain and Ireland and the dependencies* thereof. Tou 
will therefore be on the alert, and ready with the troops under 
your command to act offensively and defensively as emergencies 
and the exercise of a sound discretion may dictate. A general 
officer will be dispatched to take the command of the frontier 
troops immediately, and you will be reinforced with the utmost 
expedition. In the meantime, exert yourself to the utmost for 
the safety of the inhabitants and the honor and security of the 
United States. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

To Lt. Col. Christopher P. Bellinger. 



NEW YORK LEFT TO PROTECT HER OWN FRONTIER. 

G. O.: Headquarters, Albany, June 23d, 1812. 

War is declared between the United States and their terri- 
tories, and the United Kingdom of Great Britain and Ireland and 
the dependencies thereof. This event will call forth the energies 
of every friend to his country, and more especially of those offi- 
cers who are assigned to command the military forces. You will 
have received, ere this, the General Order assigning you to the 
command of one of the Brigades detached from the militia of this 
State in anticipation of the event which is now announced. Our 
militia law makes provision for calling out the brigade you now 
command in case of invasion, and you are hereby empowered to 
reinforce Col. Bellinger's with the militia detachment from Jef- 
ferson, Lewis and St. Lawrence Counties, and to arm them and 



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356 Annual Report of the 

equip them at the State Arsenals at Russel and Watertown, if 
in your opinion, the safety of the inhabitants or any important 
object to be accomplished shall require it. 

I place much reliance on your vigilance, abilities and valor in 
protecting our frontier inhabitants until the arrival of further 
troops and supplies which will be forwarded with the utmost 
practicable expedition. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjuitant General. 

To Brig'r General Jacob Brown. 

P. S. Let Col. Benedict turn out with the St. Lawrence de- 
tachment immediately, to guard the frontier from Ogdensburg to 
St. Regis, and station them as may be best calculated for that 
purpose; they may arm from the Russel arsenal. 



ORDERING TROOPS TO THE FRONT ALL ALONG THE LINE. 

G. O.: Headquarters, Albany, June 26th, 1812. 

You will please to order the detachment of Infantry from your 
brigade into service and direct them to assemble at Sandy Hill 
in Washington County, where tents, some knapsacks and other 
conveniences will be ready for them. They will from thence pro- 
ceed under the orders of Lt. Col. Greene, who is assigned to com- 
mand the regiment detached from the two Washington brigades. 
The battalion from your brigade will proceed tx> Whitehall, and 
from thence by water to Pittsburgh in Clinton County, or will 
proceed by land through Vermont to Burlington or Grand Isle, 
afnd from thence ♦cross Lake Champlain to Platitsburgh, as may be 
deemed best. 

ShouW uniform companies odf light Infantry, Grenadiers or 
Biflemen, who may be vohubteera as part of the detachment, or 



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State Historian. 357 

under the act of Congress of the sixth of February last be ready 
to march, they will be preferred. Should volunteers of the above 
description offer and rendezvous at Sandy Hill, on the day ap- 
pointed, to the number of two hundred and fifty, the detachment 
of militia not uniformed will be dispensed with until further 
orders, but for the deficiency of the two hundred and fifty volun- 
teers of uniform companies, the detached militia will be required. 
They must come provided with blankets at all events, and knap- 
sacks, muskets and cartridge boxes if they have them. Those 
who are properly armed will be preferred, and those who are not 
supplied with good muskets, bayonets and cartridge boxes, must 
take with them such as they have, and wall be supplied with 
good ones in exchange from the Arsenal at Pittsburgh on their 
arrival. 

1 rely upon your usual alacrity and patriotism in the discharge 
<rf your military duties, to comply with this order, with the ut- 
most possible expedition and I trust that when you reflect upon 
the indispensable nature of the service upon which the detach- 
ment is destined, the protection of our frontier brethren, and their 
wives and children from massacre by savages, and from the 
depredations of the enemies of the United States, you and every 
other oflker and every good citizen, will join heart and hand in 
forwarding .the execution of this requisition by every possible 
encouragement and assistance. The sixth day of July next, at 
ten o'clock, in the forenoon, is the time at which the detachment 
from your brigade will assemble. Major Sackrider must be noti- 
fied and be ready to assume the command of and march with the 
^detachment. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

To Brig'r General Micajah Pettit. 



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358 « Annual Report op the 

artillery ordered to plattsburg. 
G. O.: Headquarters, Albany, June 26, 1812. 

Please to send on four field pieces attached to your regiment, 
sizes op threes, to White Hall, to go with other stores to Platts- 
burgh. You are at liberty, by virtue of this to call on any of your 
captains for their pieces tor that purpose, and to take them into 
the public service, and such captains shall be supplied as soon as 
may be with others. 

Organize your detached regiment without delay, and hold your- 
self in readiness to be on duty in a moment upon receipt of orders. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
To Lt. Colonel Stephen Thorn. 

G. O. : Headquarters, Albany, June 26, 1812. 

You will proceed with the military stores and articles direct 
to Whitehall on Lake Champlain, from whence you will transport 
them, together with the cannon ball belonging to the State, lying 
at Whitehall to Plattsburg, and Essex Arsenals in the proportions 
mentioned in the bill heretofore furnished to you. You will go 
through Granville yourself and call on Col. Thorn and see if he 
can furnish you with field pieces from his regiment to take on; 
if an immediate conveyance by water cannot be obtained, you 
will proceed by land with the articles for Plattsburgh thro' Ver- 
mont to Burlington, and from thence send for Gun Boats, and 
other vessels from Plattsburgh, or employ them at Burlington, 
to transport the articles to Plattsburgh, and from the proper 
point on Vermont shore send across those for Elizabethtown, 
Essex County; Col. Clark of Burlington (belonging to the regular 
troops) will upon request give you every assistance in his power. 



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State Historian. 359 

You are vested with full discretion to accomplish the object 
of your mission with the utmost dispatch, and will return after 
delivering the property with the utmost expedition and report to 
me in writing your proceedings. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General, 
To Major Mills. 



CAVALRY AND INFANTRY ALSO ORDERED. 

G. O.: Headquarters, Albany, June 27, 1812. 

I have ordered the detachment from De Bidder's Brigade to 
assemble at Salem on the 7th of July, and from thence to pro- 
ceed to Plattsburgh. The detachment from Pettit's assembles at 
Sandy Hill, on the 6th of July, and from thence proceeds to 
Plattsburgh. Lt. Col. Thome is directed to have one company of 
Artillery ready to proceed with De Bidder's Detachment, and Lt. 
Col. Fitzgerald has orders to send one company of cavalry. The 
Essex detachment is also ordered into service and is to proceed 
to Plattsburgh. The whole are to report themselves to you, and 
receive and obey your orders. 

One hundred and forty tents, sixty camp kettles, and forty 
pails will come on with the detachments; these, together with 
the muskets, cannon and ammunition, camp kettles and knap- 
sacks forwarded by Major Mills, and antecedently at Platts- 
burgh, will, I trust, answer every temporary purpose. At any 
rate they are all which I can furnish at present. The above men- 
tioned force and equipments, added to the regular troops at 
Plattsburgh, and the Clinton and Franklin militia, will, 1 hope, 
be ample for the protection of the Champlain frontier for the 
present. j 



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3fiO Annual Report op the • 

I place great reliance upon your experience, influence and mili- 
tary zeal, in the disposition and use of the troops which will be 
under your command. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
To Maj. General Benj'm. Mooers. 



THE GOVERNOR ALIVE TO THE DANGER TO OUR FRONTIER. 

G. O.: Headquarters, Albany, June 27, 1812. 

The detachment of Militia from your brigade is hereby ordered 
into service. The detachment from the Essex regiments will 
rendezvous at such times and places as you may appoint. Such 
of them as can conveniently assemble at Elizabethtown, and may 
not be armed, will arm and equip themselves from the Arsenal at 
that place; they must supply themselves invariably with blankets 
and with knapsacks if they have them. Such equipments as 
they possess will be taken with them, and if defective, they will 
be exchanged at the public arsenals. 

The contingent of transporting the detachment from Essex to 
Plattsburgh will be defrayed by the bearer, Capt. Campbell, with 
whom you will please to make the necessary arrangements for 
that purpose. Major Noble will take the command of the detach- 
ment, and Dean Edson who is assigned as Brigade Quartermaster, 
will also accompany the detachment to Plattsburgh. Major Noble 
will report himself on his arrival to Major Genl. Mooers, and re- 
ceive his orders. Brigade Quartermaster Edson will wait at 
Plattsburgh the arrival, or instructions of Brigadier General 
Micajah Pettit, of Washington County. 

The detachment from Clinton will rendezvous at Plattsburgh, 
and that from Franklin will rendezvous and remain at Malone in 



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State Historian. 361 

said County, until orders shall be received from Major General 
Mooers. The flattering accounts which I have received of your 
military talents and of your active and zealous patriotism, makes 
me rely, with confidence, upon the earliest possible fulfilment of 
this order. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
To Brig*r General Daniel Wright. 

G. O. : Headquarters, Albany, June 27, 1812. 

You will please to order the detachment of Infantry from your 
brigade, into service, and direct them to assemble and rendezvous 
in Salem in Washington County, where tents, some knapsacks 
and other conveniences will be ready for them. They will, from 
thence, proceed under the orders of Lt. Col. Green, who is as- 
signed to command the regiment detached from the two Wash- 
ington Brigades. They either will proceed to White Hall, and 
from thence by water to Plattsburgh in Clinton County, or will 
go by land through Vermont to Burlington or Grand Isle, and 
thence across Lake Champlain to Plattsburgh, as may be most 
advisable. Should uniform companies of light Infantry Grena- 
diers or Riflemen, who may be volunteers as part of the detach- 
ment, or under the act of Congress of the sixth of February last, 
be ready to march, they will be preferred. One company of Ar- 
tillery will be accepted. 

Should volunteers of the above description offer, and rendez- 
vous at Salem, on the day appointed to the number of three hun- 
dred, the militia detachments will be dispensed with until fur- 
ther orders; but for the deficiency of three hundred volunteers, 
the detached militia will be required. They must come provided 



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362 Annual Report of the 

with blankets, at all events, and with knapsacks, muskets, and 
cartridge boxes if they have them. Those who are properly 
armed will be preferred, and those who are not supplied with 
good muskets, bayonets, and cartridge boxes, must take with 
them such as they have, and will be supplied with good ones, in 
exchange from the Arsenal at Plattsburgh, on their arrival. 

I rely upon your usual alacrity and patriotism in the discharge 
of your military duties to comply with this order with the utmost 
possible expedition, and I trust that when you reflect upon the 
indispensable nature of the service upon which the detachment 
is destined, the protection of our frontier brethren, their wives, 
and children, from massacre by savages, or from the depreda- 
tions of the enemies of the United States,, you and every other 
officer and every good citizen, will join heartland hand in for- 
warding the execution of this requisition by every possible en- 
couragement and assistance. Capt. Campbell, the bearer of this 
communication, will accompany the detachment, and defray all 
the contingent expenses of the journey. The detachment of your 
brigade will be ordered to assemble at Salem, on Tuesday the 
seventh day of July, at ten o'clock in the morning, equipped for 
their march and for actual service. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

To Brig'r General Simon De Rider. 



THE GOVERNOR ISSUES ORDERS REGARDING THE CARE AND WELFARE 
OF TROpPS IN THE FIELD. 

G. O.: Headquarters, Albany, June 26, 1812. 

You are assigned to the command of the regiment detached 
from the two brigades in Washington. That Regiment is ordered 



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State Historian. 363 

into service to rendewous in battalions. The battalion from De 
Rider's brigade will rendezvous at Salem, and that from Pettit's 
at Sandy Hill; they will proceed from Salem and Sandy Hill to 
White Hall, and from thence to Plattsbnrgh by water or by land 
on the Vermont side (without going to Whitehall) to Burlington 
or Grand Isle, and from thence across the lake to Plattsburgh in 
Clinton County, as may be judged most expeditious and proper. 

All that are deficient in equipments on their arrival at Platts- 
burgh, will be supplied from the State Arsenal in that place. 
They must, however, take with them such equipments as they 
may possess. Some tents, camp kettles, Knapsacks, and other 
conveniences will be at each place for their accommodation. They 
must supply themselves, universally, with blankets and all that 
can do it will provide themselves with Knapsacks also. You and 
your staff officers must exert yourselves to make the troops com- 
fortable, and to cause them to conduct in the most orderly, con- 
ciliatory, and satisfactory manner towards the inhabitants of the 
country through which they may pass, and in a particular man- 
ner be careful of the health of the detachment, for which purpose 
you must be attentive to the quality and sufficiency of their pro- 
visions and keep a vigilant eye to the surgeon's department. 

On your arrival at Plattsburgh you will report yourself to Major 
General Mooers and receive his orders. Should you go by land 
to Burlington, Col. Clark of the army stationed at that place, will 
upon application, yield you every comfort and aid in his power. 
Capt. Thomas Campbell, who bears this order, will accompany 
you, and pay the contingent expenses of transportation to Platts- 
burgh. 

By general orders heretofore issued, you are empowered to ap- 
point your own regimental staff. You are not confined in the sel- 



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364 Annual Report op the 

ection to any brigade, county, or persons already in commission,, 
and will therefore, make such a selection as will be most agreeable 
to yourself and at the same time most serviceable to the country. 
An Adjutant, Quartermaster, Paymaster, Chaplain, Surgeon and 
Surgeon's Mate are the commission officers whom you are to 
select, and appoint without further enquiry or authority. They 
must, however, be reported to me by you. You will consider your- 
self in the service and pay of the United States, from the receipt 
o' this order, and will devote yourself to the assemblage of the de- 
tachment at Sandy Hill and Salem. The detachment from Pettrt'* 
Brigade will assemble at Sandy Hill, on Monday the sixth, and 
that from De Rider's on Tuesday the seventh of July; it will be 
well that such arrangements be made that the detachment pro- 
ceed in companies or lesser numbers, about twelve hours apart, 
so that accommodations may be procured on the road without 
using tents and camp kettles; one field or Staff officer may accom- 
pany and provide for each company or squad. 

By order of the Commander in Chief: ► 

William Paulding, Jun'r, Adjutant General. 
To Lt. Colonel James Green. 



MORS ORDERS FOR THE RENDEZVOUS. 

G. O. : Headquarters, Albany, June 29, 1812. 

A principal part of the detached brigade to which you are as- 
signed as brigade Major and Inspector, is ordered into service. 
The detachment from General De Rider's brigade will rendezvous 
at Salem, on the seventh of July, at ten o'clock in the forenoon? 
the detachment from Pettit's on the sixth of July, at ten o'clock in 
the forenoon. The detachment from Essex County will rendez- 
vous at such times and places as Genl. Wright may appoint. Each 



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State Historian. 365 

detachment, when assembled, will immediately march to Pitts- 
burgh in Clinton County. 

I give you this notice that you may report to General Micajah 
Pettit, of Sandy Hill, your acceptance or non-acceptance of the 
command to which I have assigned you, and in case of acceptance 
that you may receive from him the earliest instructions. 

By order of the Commander in Chief: * 

William Paulding, Jun'r, Adjutant General. 

To Major Vandercook. 
•G. O.: Headquarters, Albany, June 29, 1812. 

The detachment from General De Rider's brigade of Infantry is 
ordered into service to rendezvous at Salem on the 7th of July, at 
ten o'clock in the forenoon, and from thence proceed to Pitts- 
burgh in Clinton County, for the protection of the frontier be- 
tween Lake Champlain and St. Regis. Genl. De Rider is author- 
ized to deceive one company of artillery, detached, or volunteers, 
instead of so many of the Infantry detachments. You will there- 
fore, exert yourself to have a company of volunteers, or detached 
•artillery at Salem at the day and hour aforesaid, to proceed upon 
the service above mentioned. As no more than one company is 
required at present, from your numerous and extensive Regiment 
of Artillery, I cannot for a moment doubt that you will be able to 
obtain the necessary volunteers from the artillery. 

Capt. Campbell, the bearer hereof, or his agent, will be at Salem 
on the day appointed, to attend to the transportation of the bag- 
gage, etc., and to defray the expenses of the troops on their jour- 
ney to Plattsburgh. Tents and camp Kettles will also be there 
for their use. My advice, however, is for them to proceed in small 
parties, without using tents, or cooking for themselves, so that 
lodging and other accommodations may be obtained and paid for 



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366 Annual Report op thj> 

on the road. For a prompt compliance with this first requisition 
which I have ever had occasion to make for the services of any 
part of your regiment, I rely upon yonr experience, influence and 
patriotic zeal. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
To Lt. Col. Stephen Thorn. 



GRAPE, CANISTER, OTHER ORDNANCE AND QUARTERMASTER STORES 
SHIPPED TO CANANDAIGUA. 

G. O.: Headquarters, Albany, July 2d, 1812. 

I received your letter last evening, and beg leave to inform you 
that last week I sent on about 540 muskets to Canandaigua, mak- 
ing the supply at Canandaigua and Batavia 3,000; and this day an 
additional quantity of five hundred leaves this for Canandaigua. 
With the last parcel have gone fixed ammunition, powder, some 
camp kettles, tents, drums and fifes; knapsacks and cartridge 
paper; 250 muskets and some ammunition have also been for- 
warded to Steuben by Mr. Townsend. Cannon ball, with some 
case, grape, and canister for three and six pounders, are also on 
their way to Canandaigua, with the exception of tents of which 
there are none yet here; the preceding supply will be ample, with 
what Capt. Leonard may have at the fort, for the protection of 
Niagara frontier. 

I hope you will exert yourself for the protection of the f rontiers, 
and amongst other things, supply some arms and ammunition to 
the people south of Buffalo in Chautauqua and Cattaraugus. We 
shall have our hands full; but I calculate upon the energy and 
bravery of the officers and soldiers of the western country for 
efficient protection of the inhabitants of the frontiers, until regu- 



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State Historian* 367 

lar troops shall approach the lines. In all cases where your per- 
sonal services, by proceeding with detachments to the frontier, 
or otherwise, will be useful, go, and you shall receive Major Gen- 
eral's pay whilst out, but not rations. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
To Major Genl. Amos Hall. 



MINOR ORDERS. 

G. O.: Headquarters, Albany, July 3d, 1812. 

Whereas Peter J. Vosburgh, commandant of the fifty-sixth 
regiment, in the twelfth brigade of Infantry of the militia of this 
State, has represented to the Commander in Chief that there is 
a vacancy in the company commanded by Andries Whitbeck in 
his regiment of Ensign by the death of Thomas J. Eddy, and has 
recommended Lucas Goes as a fit and proper person to fill said 
vaicancy; the said Lucas Goes is therefore hereby assigned and 
brevetted by the Commander in Chief as the Ensign of the afore- 
said company, to be respected and obeyed accordingly, until the 
pleasure of the Council of Appointment be manifested on the 
subject. \ 

By order of the Commander in Chief: 

John McLean, Jun'r, Priv. Secr'y. 

G. O.: Headquarters, Albany, July 6, 1812. 

Your regiment forms part erf the detached brigade which Gen- 
. era! Jacob Brown commands. You will therefore, consider your- 
self and your officers and soldiers, subject to his command and 
orders. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
To Lt. Colonel Christopher P. Bellinger. 



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368 Annual Report op the 

G. O.: Headquarters, Albany, July 8, 1812. 

I have been informed that Major Whaley of Lt. Col. Philetus 
Swift's regiment, has been obliged to leave the regiment on ac- 
count of ill health, and Major Frederick Miller has been selected, 
and is now doing duty in his stead, the assignment of Major 
Miller is hereby approved of and confirmed, and you will notify 
Lt. Col. Philetus Swift and Major Miller thereof, and direct him 
to continue his services as a major thereof regiment, and to be 
obeyed and respected accordingly. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

To Brig'r General William Wadsworth. 

G. O.: Headquarters, Albany, 6th July, 1812. 

The brigade quartermaster of the sixteenth brigade of Infantry, 
having resigned his said office, which resignation is accepted; the 
Commander in Chief hereby brevets and assigns David Sill to 
be the brigade Quartermaster of the said brigade, who will be 
obeyed and respected accordingly, until the pleasure of the Coun- 
cil of Appointment in the premises be made known. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant Gemeral. 

G. O.: Headquarters, Albany, July 6th, 1812. 

Doct'r Jonothan Hedges, who was assigned by General orders 
of the 15th day of June last as Surgeon of the detached regiment 
of artillery commanded by Lt. Col. Stephen Thorn, having de- 
clined the said office in consequence of ill health ; the Commander 
in Chief assigns Josephus B. Stuart of the City of Albany, to be 
surgeon of the said detached regiment of artillery, and Samuel 
Eield, Jun'r, to be Surgeon's mate thereof. 



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State Historian. 369 

There being a mistake in the name of the Paymaster of the said 
Regiment as announced in the former General Order, the Oomm'r 
in Chief assigns Clement C. Moore of the City of New York, to be 
Paymaster, instead of Clement Moore, mentioned in the said 
General Order. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, 6th July, 1812. 

Upon the reeammendation of Genl. John I. Van Rensselaer, 
commandant of the second Brigade of Cavalry, the Commander 
in Chief is pleased hereby to brevet and assign the following per- 
sons as officers within the said brigade, who are to be obeyed and 
respected accordingly, until the pleasure of the Council of Ap- 
pointment 'be manifested in the premises, vizt: 

John Trotter of the City of Albany, Surgeon's Mate of the Third 
Regiment of Cavalry; John Epps, 2d Lieutenant, vice Bellamy 
transferred; and Friend Humphrey, cornet, vice Epps, promoted, 
in the troops commended by Capt. Chauncey Humphrey, in the 
said Third Regiment of Cavalry. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, 10th July, 1812. 

Lt. Col. Joseph Green of the seventh detached regiment of 
militia of the State of New York, having selected and returned 
the following staff officers for his said regiment, vizt: Amos 
Holton, Quartermaster; Jesse S. Leigh, Paymaster; Samuel Row- 
ley, Chaplain; John Y. Lansing, Surgeon; 

The said selection is hereby confirmed and the said respective 
24 



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370 Annual Report op the 

persons hereby assigned and brevetted to the said offices, and are 
to be obeyed and respected accordingly. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



GEN. STEPHEN VAN RENSSELAER ASSIGNED TO THE COMMAND OF THE 

FRONTIER LINE* 

G. O.: Headquarters, Albany, July 13, 1812. 

Major General Stephen Van Rensselaer, having been requested 
to repair to the command of the militia heretofore ordered into 
the service, and to be hereafter ordered into the service of the 
United States, for the defence of the northern and western fron- 
tiers of this State, between St. Regis andi Pennsylvania, enters 
upon his command this day. All the militia comprehended in the 
brigades if detached militia, organized into the first detached 
division by General Orders of <the 18th day of June last, together 
with the corps commanded by Lieutenant Colonels Swift, Flem- 
ing and Bellinger, are hereby declared to be subject to the divi- 
sion orders of Major General Van Rensselaer, without waiting for 
further general orders on tha/t subject; and all officers command- 
ing the militia from which the first detached division was taken, 
are promptly to obey and respect such division orders accordingly. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



MINOR ORDERS. 

G. O.: New York, 14th July, 1812. 

The Commander in Chief does hereby organize a company of 
Light Infantry in the thirty-third regiment commanded by Lieut. 
Col. Hobby, and brevets Jacob G. Dyckman as Captain, Jonathan 



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State Historian. 371 

B. Odell as Lieutenant, and Robert P. Ross as Ensign thereof, 
until the Council of Appointment shall have signified its pleas- 
ure in reference thereto. 

The uniform prescribed by the 37th section of the militia law 
of the 29th day of March, 1809, for light Infantry Corps, is dark 
blue coats with white linings, scarlet facings, collars and cuffs, 
and white underclothes, and the buttons of the uniform shall be 
either of white or yellow metal, in the discretion of Brig'r Gen- 
eral Van Cortlandt. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, July 20th, 1812. 

The Commander in Chief hereby directs the company of horse 
artillery at Schenectady, commanded by Capt. John B. Yates, to 
parade annually five times by company, one of which for the 
purpose of inspection; and that Captain Yates make an annual 
inspection return thereof, to the Commandant of the first regi- 
ment of Artillery. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, July 20th, 1812. 

At the request of Col. Thompson Mead, the Commander in 
Chief is pleased hereby to brevet and assign Mr. Elisha Ransem 
as Chaplain of the one hundred and fifth regiment of Infantry. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, July 20th, 1812. 

Major Charles Moseley, commandant of the riflemen battalion, 
organized within the twenty-seventh brigade of Infantry, having 



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372 Annual Report op the 

recommended George H. Grosvenor to be assigned as Ensign in 
the company of the said battalion, whereof Charles B. Bristol 
is captain; the Commander in Chief is pleased to comply with 
• the said recommendation, and accordingly does hereby appoint, 
brevet and assign the said George H. Grosvenor to be Ensign 
of the before mentioned company; who is to be obeyed and re- 
spected accordingly, until the pleasure of the Council of Appoint- 
ment be expressed in the premises. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



ANOTHER CONTROVERSY OVER RANK. 

G. O.: Headquarters, Albany, July 20th, 1812. 

Whereas it has been represented on the part of Capt. Tyler 
Diblee of the fourth regiment of Artillery, that he has been 
superseded, in consequence of the promotion to a majority in the 
same regiment, of Capt. Gilbert Ketchum, whose commission of 
captain was posterior in date to that of Capt. Dibblee (?); and 
whereas it is alleged in behalf of Major Ketchum that Captain 
Dibblee consented to waive his right of senior captain, and ac- 
quiesced in the subsequent promotion of the former to the office 
of Major; 

Now, therefore, in order to determine the controversy between 
the said parties, the Commander in Chief deems it proper to ap- 
point a board of officers, to consist of Brig'r General John B. Van 
Wyck of the thirtieth brigade of Infantry, as President, Lt. Col. 
James Tallmadge, Jun'r, of the eighty-fourth and Major Chaun- 
cey Belknap of the fourteenth regiment of Infantry, as members 
thereof. 



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State Historian. 373 

The board will assemble on the 8th of August next, at ten 
o'clock in the forenoon of the same day, at Buggies and Bost- 
wick's Hotel, in the village of Poughkeepsie, and the President 
thereof is to cause the members to be notified; and Lieut. Col. 
Nathan Myers will cause notice to be given to Capt. Dibblee and 
Major Ketchum of the time and place at which the said board 
is directed to convene; and the President and other members 
of the board will ascertain the truth or fallacy of the representa- 
tions and allegations herein set forth, and will forthwith report 
to the Adjutant General the facts attending the case and their 
opinion thereupon. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



A NUMBER OF NEW MILITARY COMPANIES ORGANIZED. 

G. O.: Headquarters, Albany, July 20th, 1812. 

The Commander in Chief does hereby organize a company of 
Artillery in the town of Chazy, Clinton County, and attaches 
the same to the sixth Begiment of Artillery, and brevets and 

assigns as captain, as first 

Lieutenant, and as second Lieutenant thereof, 

until the pleasure of the Council of Appointment be made known 
in the premises. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, July 20th, 1812. 

The Comm'r in Chief is pleased hereby to organize a company 
of Biflemen in Major Elihu Granger's Battalion in the County of 
Ontario; and brevets and assigns Nathan Parke as c aptain, Jared 



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374 Annual Report of the 

Willson as Lieutenant, and George H. Boughton as Ensign 
thereof, until the Council of Appointment shall have signified 
its pleasure touching the same. 

And the Commander in Chief directs that the said company be 
uniformed in green rifle frocks, and pantaloons with yellow 
fringe and buttons, black half gaiters, round black hats with 
yellow buttons, black loops and short green feathers. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, July 20th, 1812. 

The Commander in Chief in conformity to the 35th section of 
the Militia Law of 1809, does hereby organize a company, in the 
town of Plattsburg, Clinton County, to be denominated "The 
Veteran Exempts ", and brevets and assigns General Melancton 
Lloyd Woolsey as captain, Judge Kirmer Newcomb as first Lieu- 
tenant, Capt. John Stevenson as Second Lieutenant, and Col. 
Marinus F. Durand as Ensign thereof, until the pleasure of the 
Council of Appointment shall have been signified in relation 
thereto. 

*By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, 20th July, 1812. 

The Commander in Chief, pursuant to the authority vested in 
him by the 35th section of the Militia Law of 1809, is hereby 
pleased to organize in the town of Potsdam, and County of St. 
Lawrence, a company to be called "The Potsdam Veterans", 
and brevets and assigns Giles Parmele as captain, Ammi Currier 
as Lieutenant, and Hosea Bacon as Ensign thereof, until the 



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State Historian. 375 

Council of Appointment shall have signified its pleasure in the 
premises. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, 20th July, 1812. 

The Commander in Chief, conformably to the 35th section/ of 
the Militia law of 1800, does hereby organize in the town of 
Madrid and County of St. Lawrence, a company to be denomi- 
nated " The Madrid Veterans ", and brevets and assigns Nathan 
Burlingame as captain, Alexander Brush as Lieutenant, and 
Isaac Buck as Ensign thereof, until the pleasure of the Council 
of Appointment be made known in the premises. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, New York 31st July, 1812. 

At the request of Col. McClure, the Commander in Chief is 
hereby pleased to organize a rifle company in the first regiment 
of riflemen, and to assign Gregory Dillon as captain, John Hig- 
gina Junior as Lieutenant, and Anthony Calahan as Ensign 
thereof, until the Council of Appointment shall have announced 
its determination in the premises. And the Commander in 
Chief directs that the said company, and the company com- 
manded by Captain Powers, be uniformed the same as Major 
Fisher's battalion belonging to the said regiment. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, 11th Aug't, 1812. 

Whereas a number of persons, inhabitants of the town of 
Trenton in the County of Oneida, being severally exempted from 



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376 Annual Report of thd 

military duty, on account of services in the late war, or age, 
have associated themselves together and formed a company, pur- 
suant to the 35th section of the act of the Legislature of the 
State of New York, entitled "An Act to organize the militia 
of this State", passed the 29th day of March, 1809; And where- 
as the said persons have signed a roll, pledging themselves to 
bear arms and take the field in the said town or any of the ad- 
joining towns, and in such other places as the board of officers 
and a majority of the company may deem necessary and prudent; 
NOW, THEREFORE, the Commander in Chief, in pursuance 
of the authority vested in him by the said Act, does hereby or- 
ganize the said association as a company of Infantry, and does 
commission by brevet, Adam G. Mappa as captain, Pascal C. T» 
D'Angelis as Lieutenant, and Walter Fowler as Ensign thereof. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 

G. O.: Headquarters, Albany, 11th Aug't, 1812.> 

Whereas a number of persons, inhabitants of town of Hender- 
son and County of Jefferson, being exempted from military duty, 
have associated themselves together and formed a company pur- 
suant to the 35th section of the Act of the Legislature of the 
State of New York, organizing the militia thereof, and have sub- 
scribed a roll pledging themselves to bear arms and take the field 
for the space of one year to defend the frontier of the County 
of Jefferson adjoining Lake Ontario and the river St. Lawrence; 
NOW, THEREFORE, the Commander in Chief, in pursuance 
of the authority vested in him by the said act, does hereby or- 
ganize the said association as a company of Infantry, and com- 
missions and brevets Mark Hopkins to be captain, John S. Por- 



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State Historian. 377 

ter to be Lieutenant, and Merral Danley to be Ensign of the said 
company. 

By order of the Commander in Chief: 

Arch'd Campbell, Aid-de-Camp, P. T. 



ASSIGNMENTS. 

G. O.: Headquarter, New York, 29th July, 1812. 

The Commander in Chief does hereby brevet and assign 
Stephen Storm as captain, Abraham Lott as first Lieutenant, 
and Samuel Thomson as second Lieutenant in the Third Regi- 
ment of Artillery, and Richard P. Bush as first Lieutenant, and 
Francis Allyn as second Lieutenant, in the eleventh regiment of 
Artillery. 

And whereas Doctor Fayette Cooper, of the City of New York, 
having officiated as Surgeon to the detachment from the first 
brigade of Artillery, since it was ordered into the service of the 
United States, he is therefore, hereby brevetted and assigned as 
Surgeon thereof. 

The officers above mentioned are to be obeyed and respected, 
according to their rank, until the Council of Appointment shall 
have signified its pleasure in the premises. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



AN ORDER FOR TROOPS TO RENDEZVOUS ON AUGUST TWENTY-FOURTH. 

G. O.: Headquarters, Albany, 13th August, 1812. 

In pursuance of a requisition by the authority, the President 
of the United States, the fourth brigade of detached militia of 
the State of New York, embracing that portion of the quota of 
the said State comprehended in the Counties of Albany, Sara- 
toga, Greene, Delaware, Schoharie, Schenectady and Montgom- 



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378 Annual Report of the 

ery, except as hereinafter mentioned, is hereby ordered into ser- 
vice to assemble and rendezvous respectively, on the 24th day of 
August instant, by eleven o'clock, in the forenoon, in the man- 
ner and at the places following, vizt: that part of the said 
detached brigade comprehended in the County of Saratoga to 
rendezvous at the Inn of Zera Beach in the town of Ballston in 
said County; that part of the said brigade which is in Montgom- 
ery County and north of the Mohawk River, will rendezvous at 
Johnstown, and the residue of the Montgomery detachment, 
being that part south of the Mohawk River, will rendezvous at 
the village of Little Falls, in Herkimer County; that part of the 
said detached brigade taken from the fourteenth brigade of In- 
fantry, commanded by Brigadier Genl. Mackey, to rendezvous at 
the Court House in Schenectady; and that part detached from 
the thirty-first brigade of Infantry, commanded by Brig'r Genl. 
Trotter, will assemble and rendezvous at the Arsenal in the town 
of Colonie, near the City of Albany . 

The detachment from the thirty-seventh brigade of Infantry, 
commanded by Brigadier General Haight, will rendezvous at the 
village of Cairo in the County of Greene; the detachment from 
the County of Delaware will rendezvous at the Court House in 
the said County, in Delhi; and the detachment from the County 
of Schoharie will rendezvous at Middleburgh in the said County. 

The non-commissioned officers and privates must be completely 
equipped, by being furnished respectively, with their own cloth- 
ing, and with a musket pr rifle, cartridge box, knapsack, blanket, 
and canteen. Tents, camp kettles, and the means of transporting 
baggage, will be provided by the public and will be in readiness 
on the day and at the place of rendezvous. General Dodge will 
assign the particular houses in Middleburgh, Cairo, and Little 



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State Historian. 379 

Falls, at which the Schoharie, Greene and South Montgomery 
detachment will assemble. 

The volunteers, or men drafted from the militia of the towns 
of Wells and Lake Pleasant, in the County of Montgomery, from 
Birdsall's company of riflemen, in Watervliet, from the Albany 
volunteers, the Albany Republican Greens, Captain Cobb's Rifle 
Company, Captain Marshall's rifle company, at New Baltimore, 
and from the Light Infantry companies of Catskill and Athens, 
are excepted from, and will not rendezvous with the fourth de- 
tached brigade above-mentioned, but will march with their said 
respective companies, as will be directed by future general 
orders. Captain Waterman's company of Artillery of Ballstown, 
in Saratoga County, will rendezvous with the Saratoga detach- 
ment, and will march from thence, under the command of Lieu- 
tenant Colonel Prior, and with his regiment. Brigadier General 
Dodge will cause the brigade to be mustered as soon as possible, 
and report the state thereof to Major General Dearborn, at his 
headquarters, at Greenbush in Rensselaer County, and will re- 
ceive and obey his instructions with respect to the destination 
and time of march of the brigade. 

As the object of calling the present detachment into service 
is as well to relieve a regiment of militia which has been in ser- 
vice at Sackett's Harbor and Ogdensburg ever since the month 
of May last, as to protect and defend our brothern (sic) on the 
northwestern frontier of this State from any incursions of the 
enemy, or cruel depredations of savages, the Commander in Chief 
cherishes a confident hope that not a man will shrink from the 
performance of a duty so impressive and patriotic. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



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380 • Annual Report of the 

advancing upon the canada line. 
G. O.: Headquarters, Albany, 13th Aug't, 1812. 

The nineteenth detached regiment of militia of this State, 
commanded by Lt. Col. Henry Bloom, being part of General 
William Wadsworth's detached brigade, pursuant to the direc- 
tions of the President of the United States, is hereby ordered into 
the service of the United States, and is to repair to Lewiston or 
Black Rock, and receive and obey the orders of the commanding 
officer in the service of the United States at that frontier. The 
regiment will rendezvous in battalions or by regiment, as may be 
directed by Brigadier Genl. John Tillotson, who is the senior briga- 
dier general and will act as Commandant of the seventh division 
of the militia of this State in the absence of Major General Hall. 
The non-commissioned officers and privates must severally ap- 
pear at the place of rendezvous, armed with a musket or rifle, 
and equipments, accordingly, and with a knapsack, blanket, can- 
teen and necessary clothing, tents and camp equipage will be pro- 
vided and be ready for the use of the regiment at the times and 
• places of rendezvous. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



CAPT. MATCHIN ? S ARTILLERY COMPANY ORDERED TO THE FRONT. 

G. O.: Headquarters, Albany, 14th Aug't, 1812. 

Captain Matching volunteer company of artillery will rendez- 
vous with the south Montgomery detachment, at the village of 
Little Falls, on the 24th day of August instant, at eleven o'clock 
in the forenoon, equipped with clothing, swords, knapsacks, blan- 
kets and canteens ready for service; and will enter into the ser- 
vice of the United States on the said 24th day of August instant, 



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State Historian. 381 

and with Genl. Dodge's detached brigade, and will march with 
said brigade, and be subject to the orders of the commandant 
thereof, to Sackett's Harbour, or such other place on the frontier 
as may be directed by the said commandant. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



ASSIGNMENTS TO COMMAND. 

G. O.: Headquarters, New York, 18th Aug't, 1812. 

Upon the recommendation of Lieut. Colonel Jeremiah John- 
son, Commandant of the sixty-fourth Regiment of Infantry, the 
Commander in Chief hereby brevets and assigns John Dickenson, 
Surgeon's Mate of the said sixty-fourth regiment, and directs 
that the said John Dickenson be obeyed and respected accord- 
ingly, until the pleasure of the Council of Appointment in the 
premises be ascertained and made known. 
By order of the Commander in Chief: 
; J. W. Livingston, Aid-de-Camp. 

G. O.: Headquarters, New York, 19th Aug't, 1812. 

The Commander in Chief, in conformity to the 35th section of 
the militia law of 1809, does hereby organize a company of In- 
fantry in the town of Wells, Montgomery County, to be called 
"The Wells and Lake Pleasant Guards," and brevets and as- 
signs William Burke Peck as Captain, Cornelius J. Francisco 
as Lieutenant, and John L. Francisco as Ensign thereof. 

And the Commander in Chief is further pleased, in pursuance 
of the authority aforesaid, to organize a company of Infantry 
in the town of Remsen, Oneida County, to be denominated " The 
Silver Greys," and brevets and assigns Gershom Hinkley as Cap- 



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382 Annual Report op the 

tain, Zalmon Root as Lieutenant, and Lemuel Hough as Ensign 
thereof. _ 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



NEW YORK STATE LOOKS AFTER NEW YORK CITY. 

G. O. : Headquarters, New York, Aug't 19th, 1812. 

The existing starte of war between the United States of America 
and the territories thereof, and the Kingdom of Great Britain and 
Ireland and its dependencies, together with the withdrawal of the 
greatest part of the regular troops of the United States from the 
Harbor of New York, have produced an emergency in which it is 
proper for the Commander in Chief to call into service any portion 
of the militia of the State according to the provisions of the Militia 
law of this State. And whereas, to provide for the said emerg- 
ency, a requisition has been made for a certain number of the Ar- 
tillery and Infantry of the State of New York, by the President of 
the United States, pursuant to the Act of Congress in that case 
made and provided, and passed the 28th day of February, 1795; 

Now, therefore, by reason of the premises, and for the protec- 
tion and defence of the said City of New York, the Commander in 
Chief directs that the following companies of artillery and Light 
Infantry rendezvous for the said service equipped according to 
law, on Thursday the 27th day of August instant, at eleven o'clock 
in the forenoon, at the places hereafter mentioned, viz: 
Captain Walker's Company of Artillery at the City of Albany. 

Wigton's " " Hudson. 

Stocking's " " village of Catskill. 

Nelson's " " " Poughkeepsie. 

Butterworth's " " " Newburgh 



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State Historian. 383 

Captain Buckley's Company of Light Infantry at the City of Al- 
bany, i 
Dubois Company of Light Inf. at the village of Catskill. 
Pierson's " " Athens. 

Wilson's " " Poughkeepsie. 

Lawson's " u " 

Denniston's " " Newburgh. 

BirdsalPs " " " 

The particular houses at which the respective companies shall 
rendezvous will be selected by the respective commandants of the 
said companies. 

Each company must remain at its place of rendezvous ready to 
embark, until the more northerly companies shall arrive and Are 
a signal gun. 

The troops embraced in this order are destined for the fortifica- 
tions on Staten Island, and will be liable to continue in the service 
of the United States for the term of ninety days from the time of 
their meeting at the place of rendezvous unless sooner discharged. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant-General. 



MAJOR HOLLBY ASSIGNED TO A BOARD. 

G. O. : Headquarters, New York, 21st Aug't, 1812. 

The President of the board of officers, instituted by General 
Orders of the 20th day of July last, having declined acting, and 
having since been removed from office, Major Augustus N. Holley, 
Brigade Quartermaster of the twelfth brigade of Infantry, is 
therefore, hereby appointed a member of the said board; which 
will now consist of Lt. Col. James Tallmadge, Junior, as Presi- 
dent, and Majors Chauncey Belknap and Augustus N. Holley as 



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384 Annual Report op the 

members thereof; and will assemble on Friday next at the hour 
and place assigned by the above mentioned general orders, and 
will proceed as therein directed. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant-General. 



TROOPS FOR THE WEST BATTERY IN NEW YORK. 

G. O.: Headquarters, New York, 22d Aug't, 1812. 

Captain Stocking's Company of Artillery and Capt. Dubois' 
Company of Light Infantry, part of the requisition made by Gen- 
eral Orders of the 19th instant, having arrived at, this city from 
Catskill, the Commander in Chief is pleased to direct that the said 
companies rendezvous at the West battery, and place themselves* 
under the command of Major Swartwout until further orders. 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 



A COMPANY OP INFANTRY ORDERED TO THE NARROWS. 

G. O.: Headquarters, New York, Aug't 22d, 1812. 

Captain HartelPs Company of Light Infantry, being volunteers 
under the act of Congress, passed the 5th of February last, will 
rendezvous on Monday the 31st of August instant, at 9 o'clock in 
the forenoon, for the service of the United States, pursuant to the 
requisition of the President. Their destination will be Fort 
Tompkins on Staten Island; but they will remain embodied, in the 
City of New York, until further orders. 
By order of the Commander in Chief: 

J. W. Livingston, Lt. Col. and Aid-de-Camp. 



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State Historian. 385 

assignments to command. 
G. O.: Headquarters, Albany, Aug't 24th, 1812. 

Edward C. Willard is hereby assigned and brevetted as Sur- 
geon's Mate of the tenth regiment of the fourth brigade of the 
detached militia, in the service of the United States, and is to be 
obeyed and respected accordingly. 

By order of the Commander in Chief : 

Robert Macomb, Lt. Col. and Aid-de-Camp. 
O. O.: Headquarters, Albany, Aug't 24th, 1812. 

Major John Willard, of the line of the fourth detached brigade, 
commanded by General Dodge, is assigned to act as brigade quar- 
termaster of the said brigade, in lieu of Major Gansevoort, who 
declines the said office. Major Willard is to be obeyed and re- 
spected accordingly. 

By order of the Commander in Chief: 

J. B. Yates, Aid-de-Camp, P. T. 
G. 6. : Headquarters, Albany, Aug't 25th, 1812. 

Lodowick S. Babcock, and certain others, his associates, have 
raised a company of volunteers under the act of Congress author- 
izing the President to organize certain volunteer military corps, 
passed 6th February, 1812. The Commander in Chief is pleased 
hereby to organize the said Lodowick S. Babcock and his asso- 
ciates into a troop of cavalry into the second squadron of the fifth 
regiment of cavalry of this State, and assigns and brevets the said 
Lodowick S. Babcock to be Captain, John Kenney first Lieutenant, 
Royal Terry 2d Lieutenant, and Gideon R. Fitch cornet, who are 
to be obeyed and respected accordingly, until the pleasure of the 
Council of Appointment be made known. 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 
25 

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386 Annual Report op the 

three infantry companies ordered for the defence of sao 
harbor, long island. 

J 

G. O.: Headquarters, Albany, Aug't 26th, 1812. 

Pursuant to a requisition of General Armstrong, by the author- 
ity of the President of the United States, three companies of forty 
men each, belonging to the thirty-third brigade of Infantry of this 
State, are to be formed and put into the service of the United 
States for the defence of the County of Suffolk. One company of 
foot artillery will be stationed at Sagg Harbour to protect the 
Arsenal and to manoeuvre the cannon stored at the place in case 
of an emergency. One company of infantry, and another of Horse 
Artillery or cavalry will be ordered into service from the said 
brigade, and be disposed of for the defence of Suffolk County, as 
may be directed by brigadier General Roee. General Rose will 
also assign the officers of the said companies, station the said 
companies of Infantry and Horse Artillery or cavalry as he may 
deem most useful for the protection of the inhabitants of Suffolk 
County, and will in other respects, regulate the organization and 
destination thereof. The said companies will be subject to the 
orders of General Armstrong, at the City of New York, to whom 
the commandants of said companies will report themselves, and 
from whiom they will receive further instructions and orders. 
By order of the Commander in Chief: 

Robert Maoomb, Dt. Col. and Aid-de-Camp. 



THREE COMPANIES CONSOLIDATED INTO ONE. 

G. O.: Headquarters, Albany, Aug't 26th, 1812. 

It appearing that the detached companies intended to be com- 
manded by Captains Montgomery, Bullock and Le Grange, and 
the detachment of riflemen under Ensign Wayne, amount to- 



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State Historian. 387 

gether to less than 100 men, and that the commissioned officers 
-except those hereinafter mentioned, are either sick or otherwise 
unprepared to go into service; 

The Commander in Chief, therefore, directs that Brigadier 
General Dodge excuse all the officers attached to the said de- 
tached corps from service, except Captain Montgomery, Lieu- 
tenant Vanderheyden and Ensigns Wayne and Roff, and that he 
organize the eaid detached companies into one company with the 
said last mentioned four officers, or into two companies with two 
commissioned officers to each, or the riflemen separately. 
By order of the Commander in Chief: 

Robert Macomb, Dt. Col. and Aid-de-Camp. 



MORE ASSIGNMENTS TO COMMAND. 

O. O.: Headquarters, Albany, AugM: 26th, 1812. 

Dean Edson, who was assigned Brigade Q'r Master of the third 
detached brigade of the militia of this State, having resigned the 
said station, and General Petti t, commandant of said brigade 
having accepted the same and assigned William Ray to officiate 
in said station, the Commander in Chief hereby approves of the 
said resignation and assignment, and directs accordingly that 
the said William Ray be recognized, obeyed and respected as 
Brigade Quarter master of said detached Brigade until further 
orders. 

By order of the Commander in Chief: 

Robert Macomb, Dt. Col. and Aid-de-Camp. 

G. O.: " Headquarters, Albany, August 26th, 1812. 

The Second Regiment of Riflemen will at their regimental Pa- 
rade, be reviewed and inspected by the Adjutant of said Regiment 



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388 Annual Report /op thb> 

under the orders of the Lt. Col. Commandant thereof. The adju- 
tant at the parade will be obeyed as brigade Major and Inspector, 
and will transmit to the Adjutant-General a correct return of 
said Inspection. The battalions of said Regiments having been 
directed by former orders to have one of their battalion parades 
at the same time and place with the Regiments of Infantry at 
their annual parades iof review and Inspection, and at those 
parades to be subject to the orders of the Brigadier Generals of 
Infantry to whose brigades they were respectively attached, are 
hereby excused from so much of those orders as directs such 
parades for annual inspection. 

By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aid-de-Camp. 
G. O.: Headquarters, New York, Aug't 31st, 1812. 

The Commander in Chief does hereby brevet and assign Samuel 
Woodruff, Surgeon's Mate of the first detached Regiment of In- 
fantry of this State, commanded by Lieutenant Colonel Beekman 
M. Van Beuren. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, New York, 3d Sept., 1812. 

Abraham Brinkerhoff Jun'r is hereby brevetted as Captain and 
Egbert Benson Jun'r as second Lieutenant, in the Second Regi- 
ment of the first brigade of Artillery, until the pleasure of the 
Council of Appointment be made known in the premises. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, New York, 4th Sept., 1812. 

The Commander in Chief judges it proper hereby to brevet John 
L. Riker as Captain in the Ninety-seventh Regiment of Infantry,. 



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State Historian. 389 

to take rank from the eleventh day of August; and also Jamee F. 
De Peyster, an Ensign in the said Regiment, until the Council of 
Appointment Shall have signified its pleasure in relation thereto. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, Augt. 5, 1812. 

Dr. Robert McDonald of Albany is assigned as Surgeon's Mate 
of the seventh detached regiment of militia now in service under 
the command of Lt. Col. James Green, and will be obeyed and 
respected accordingly. He is directed to repair to Platteburgh 
and report himself to Lt. Colonel Green. The pay and subsist- 
ence of Dr. McDonald will commence from this day. 
By order of the Commander in Chief: 

William S. Wilkin, Priv. Secry., P. T. 



MORE TROOPS FOR THE FRONT. 

G. O.: Headquarters, Albany, Aug't 27th, 1812. 

In pursuance of a requisition made by the authority of the 
President of the United States, the Sixth .Brigade of detached 
militia of this State, commanded by Brigadier General Daniel 
Miller of Cortlandt County, and composed of the Regiments 
whereof Farrand Stranahan and Thompson Mead are Lieutenant 
Colonels Commandants; and the ninth regiment of the third 
detached brigade of Infantry, to the command of which Peter 
J. Vosburgh has been assigned as Lt. Col. Commandant, are 
hereby ordered into the service of the United States, and will 
rendezvous for that purpose, by battalions, on Tuesday the 8th 
day of September next, at the hour of ten in the forenoon, at 
such places as the respective commandants of the said detached 
Regiments shall assign for that purpose. 



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390 Annual Report of the 

The non-commissioned officers and privates must appear com- 
pletely equipped with their own clothing, and a musket or rifle, 
cartridge box, knapsack, blanket, and canteen; tents, camp ket- 
tles, and the means of transporting baggage will be ready on 
the day and at the respective places of rendezvous. 

The volunteers and men drafted from the Rifle battalions of 
Rensselaer County, from Captain Waterman's Light Infantry at 
Hudson, and from the two light Infantry companies at Troy, are 
excepted from, and will not rendezvous with the detached corps 
above-mentioned, but will remain and march with their said re- 
spective companies, as may be directed by future general orders* 

The officers, non-commissioned officers or privates who shall 
refuse a prompt compliance with this order, will be dealt with 
as directed by the Act of Congress, passed the 28th day of Feb- 
ruary, 1795, of which a copy is annexed. 

The Commander in Chief flatters himself that no one will be 
so unmindful of the duty of a citizen soldier, as to incur the 
penalties of the said act, but that on the contrary a unanimous 
disposition will prevail to manifest the promptitude and efficacy 
of a patriotic Militia when called into the service of their country* 
By order of the Commander in Chief: 

Robert Macomb, Lt. Col. and Aide-de-Camp. 

G. O.: Headquarters, New York, Aug't 31st, 1812. 

A number of volunteer Corps, from the cities of Albany and 
Hudson, and the villages of Athens, Catskill, Poughkeepsie and 
Newburgh have arrived at this City, and will, together with 
Capt. HartelPs Company of Light Infantry, rendezvous at the 
Arsenal, at the corner of White and Elm streets, to-morrow 
morning, September the first, precisely at seven o'clock. From 
the Arsenal they will proceed to Whitehall, and there embark 



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State Historian. 391! 

for the State Forts at Staten Island. As the above mentioned 
troops are destined to aid in the defence and protection of the 
harbour and the City of New York, they will be escorted by the 
uniform troops of the City from the Arsenal to White Hall. 
For that purpose the first brigade of Artillery, the first Regi- 
ment of Riflemen, Major Warner's Squadron of Cavalry and the 
uniform independent companies of the City of New York, not 
attached to the said Brigade, regiment, and squadron, are di- 
rected to parade, uniformed and equipped, under the command 
of Brigadier General Morton, to-morrow morning, precisely at 
6 o'clock. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General, 

G. O.: Headquarters, New York, 1st Sept., 1812. 

The Commander in Chief feels the greatest satisfaction in 
announcing to the several independent companies, destined for 
the public service at the Narrows, the high sense he entertains 
of their patriotic promptitude in obeying the call of their coun- 
try. Their appearance and behaviour, during the parade of this 
day, reflects the most distinguished honor on the whole corps 
and demand and receive the unqualified praise and thanks of the 
Commander in Chief. 

The said corps are formed into a regiment, and the following 
organization of commissioned officers, therefor, is hereby adopted 
and confirmed, and all officers herein assigned or brevetted are 
to be obeyed and respected accordingly, in the several offices 
opposite their respective names: 

Robert Swartwout, Lieut. Colonel Commandant; Alexander 
Denniston, William Wigton, Majors; James Williams, Adjutant; 



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392 Annual Report of thb 

John Merryfield, Quarter master; John Gott, Paymaster; Peter 
J. Van Pelt, Chaplain; Benjamin Dewitt, Surgeon; John Barnes, 
Surgeon's Mate. 



ARTILLERY COMPANIES. 

Henry Butter worth, Captain; Purdy Fowler, 1st Lieutenant; 
John Carman, 2d Lieutenant. 

Jared Stocking, Captain; James Bogardus, 1st Lieutenant; 
Daniel Sands, 2d Do. 

Calvin Walker, Captain; John L. Clark, 1st Lieutenant; Lewis 
Clark, 2d Do. 

Joseph Nelson, Captain; Zacharius S. Flagler, 1st Lieutenant; 
Garret L. Lansing, 2d Do. 

Elias Werden, Captain; Philo Doane, 1st Lieutenant; Samuel 
Frisby, 2d Lieutenant. 



LIGHT INFANTRY COMPANIES. 

Isaac Dubois, Captain; David G. Abeel, Lieutenant; John Van 
Valkenburgh, Ensign. 

Christian Hartell, Captain; George W. Varian, Lieutenant; 
John Ten Broeck, Ensign. 

Peter P. Lawson, Captain; Robert Luckey, Lieutenant; Sylves- 
ter Earle, Ensign. 

Silas Pierson, Captain; Oalvin Bailey, Lieutenant; John Will- 
iams, Ensign. 

James Wilson, Captain; Joseph H. Cunningham, Lieutenant; 
Nicholas Power, Jun'r, Ensign. 

Chester Buckley, Captain; Thomas Carson, Lieutenant; Levi 
Steele, Ensign. 

Charles Birdsall, Captain; Silvester Roe, Lieutenant; Robert 
Gardner, Ensign. 



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State Historian. 393 

James Hamilton, Captain; John H. Walsh, Lieutenant; George 
Gordon, Ensign. 

Lieut. Col. Swartwout will report the state of the Regiment 
to Brigadier General Armstrong, and the said Lieutenant Col- 
onel and all the other officers thereof, are strictly charged, and 
enjoined to exert themselves, in every respect to promote the 
comfort and accommodation and preserve the health of the Ex- 
cellent troops under their command. 

By order of the Commander in Chief: 

D'l Dunscomb, Jun'r, Aid-de-Camp, P. T. 



TWO MORE REGIMENTS ORDERED INTO SERVICE. 

G. O.: Headquarters, New York, Sept. 3d, 1812. 

The state of the City and Harbor of New York having made it 
necessary to order into the service of the United States a part 
of the militia of this State, and a requisition having been made 
by the authority of the President of the United States, for a 
certain portion of the said militia under the act of Congress of 
the 28th of February, 1795; and also for a part of the quota of 
the State of New York of one hundred thousand militia accord- 
ing to the act of Congress passed the 10th of April, 1812; 

The Commander in Chief is, therefore, pleased to direct that 
the first and second detached Regiments of Infantry, and the 
first brigade of artillery under the command of Brigadier Genl. 
Morton (except the horse artillery of the said brigade and the 
companies of foot artillery in Suffolk County), rendezvous on 
the 15th inst. at ten o'clock in the forenoon, in the manner fol- 
lowing, that is to say ; the said brigade of Artillery will assem- 
ble at such places in the City of New York as Brigadier General 
Morton shall direct, by brigade orders; and the said regiments 



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394 Annual Report of the 

of Infantry at such place or places as their respective command* 
ants shall direct in Regimental orders. 

Captain Piercey's volunteer troop of Cavalry of Major War- 
ner's Squadron, and Captain Stryker's company of riflemen in 
Kings County, are also ordered into service, and will rendez- 
vous with Lt. Col. Van Beuren's detached regiment, as part 
thereof and under his orders. 

The above mentioned Corps are to be encamped in the City of 
New York or Kings County, and will be subject to the orders 
of General Armstrong, to whom the Brigade Quartermaster of 
Artillery, and the regimental Quartermasters of Infantry, will 
seasonably apply for instructions relative to the supply of quar- 
termaster stores, camp equipage, and other needful articles, for 
the accommodation of the "Said troops. 

The men detached from the company of riflemen, lately com- 
manded by Captain Munson, from the company of riflemen com- 
manded by Captain Seaman, and from the battalion of rifle- 
men lately commanded by Major McClure, are hereby excepted 
from, and will not rendezvous with Col. Van Beuren's detached 
Regiment, but will hereafter march with their respective com- 
panies as may be prescribed in future general Orders. 

The Commander in Chief indulges a sanguine expectation that 
the object of the present requisition, being the protection of the 
southern frontier of this State, will excite a lively interest 
amongst the patriotic officers, soldiers, and citizens of the South- 
ern district, and will call forth their united influence and ex- 
ertions, to cause all the troops called into service by this order, 
to be furnished with complete equipments and accommodations, 
and to rendezvous with punctuality and cheerfulness. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



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State Historian. 395 

a company of exempts for the protection of the ontario 

frontier. 
G. O.: Headquarters, Albany, Sept 7th, 1812. 

Whereas a number of persons inhabitants of the town of Wil- 
liamson, and County of Ontario, being exempted from militia 
duty, have associated themselves together and formed a company 
pursuant to the 35th section of the act of the Legislature of 
the State of New York organizing the militia thereof; and have 
subscribed a Roll pledging themselves to bear arms and take 
the field to defend the frontier of the County of Ontario; 

Now, therefore, the Commander in Chief, in pursuance of the 
authority vested in him by the said act, does hereby organize 
the said association as a Company of Infantry, and commis- 
sions and brevets Abraham Gallop to be the Captain, James 
Calhoon to be the Lieutenant, and Neil Alexander to be the 
Ensign of the said company. 

By order of the Commander in Chief: 

Wm. S. Wilkin, Ald-de-Camp, P. T. 



ASSIGNMENTS. 

Q. O.: Headquarters, Albany, Sept. 4, 1812. 

Mr. Olney Briggs is hereby assigned and brevetted as Lieuten- 
ant in the One hundred and fifteenth Begiment of the militia of 
this State and is to be obeyed and respected accordingly. 
By order of the Commander in Chief: 

Arch'd Campbell, Aid-de-Camp, P. T. 

O. O.: Headquarters, Albany, Sept. 7, 1812. 

At the request of Lt. Col. Calvin Bich, commandant of the 
eleventh detached Begiment of the militia of this State, the 



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396 Annual Report of the 

Commander in Chief hereby approves and confirms the assign- 
ment of the following staff officers, selected by him for his reg- 
iment, and accordingly assigns and brevets Olney Briggs, Ad- 
jutant; George Baker, Quartermaster; Ruf us Morris, Paymaster, 
and Lemuel Smith, Chaplain, of said detached Regiment, who 
are to be obeyed and respected accordingly therein. 
By order of the Commander in Chief: 

Arch'd Campbell, Aid-de-Camp, P. T. 

G. O.: Headquarters, Albany, Sept. 8, 1812. 

Pursuant to a recommendation of Lt. Col. Joseph Clyde, the 
Commander in Chief is pleased to organize a company of Rifle- 
men in the One hundred and twelfth Regiment of Infantry, 
whereof the said Joseph Clyde is commandant, and brevets and 
assigns Summer Ely for Captain; James Van Volkenburgh for 
Lieutenant, and Levi Pitts for Ensign, of said campany, who 
are to be obeyed and respected accordingly, until the pleasure 
of the Council of Appointment be made known in the premises. 
By order of the Commander in Chief: 

Wm. S. Wilkin, Aide-de-Camp, P. T. 

t 

I 

ORDNANCE FOR SACKETT's HARBOR. TROOPS FOR NIAGARA. 

G. O.: Headquarters, Albany, Sept. 9, 1812. 

Several pieces of ordnance &c. will leave this for Utica on 
Thursday, with a detachment of United States Horse Artillery. 
They will arrive at Utica about Tuesday next. The ordnance 
is to go from thence to Sackett's Harbor, but the detachment 
will proceed to Niagara. General Dearborn has made a requi- 
sition for me to have a detachment of Artillery or Horse Ar- 
tillery ready at Utica to escort the ordnance to Sackett's Harbor. 



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State Historian. 397 

Your company will rendezvous for that purpose on Monday 
next and proceed to Utica, where they will remain till the can- 
non shall arrive, and then immediately start with them for 
Sackett's Harbor, and press on with the greatest diligence. 
There will be a traveling forge for heating shot to fire at ship- 
ping from the fort at the harbor. 

The contractor at Utica will supply rations, and you will con- 
sult Capt. Gibson, as to the mode of supplying forage and other 
articles on your journey. Captain Gibson is an experienced offi- 
cer of the United States Horse Artillery. 

The services of your company are required, under and pur- 
suant to the Act of Congress passed 28th February, 1795, of 
which I send you a copy. 

Until your arrival at Utica, you will have your men supplied 
with provisions and forage as cheap as possible, after which 
the contractor at Utica wilj supply provisions, and your own 
officer will prepare forage. You may take the field pieces and 
other articles attached to your company, or such part as you 
think proper, along with you. Mr. Tracy will hand you one hun- 
dred dollars, to defray the incidental expenses of rendezvous- 
ing, for which you are to account to me, with vouchers as soon 
as possible. 

The alarm and anxiety on the frontiers, arising from the dis- 
asters at Detroit, compel me to require the services of the uni- 
form volunteer companies immediately, and I trust the protection 
of women and children, who may, but for their assistance, be th^ 
victims of savage barbarity, will stimulate the patriotism and 
awaken the fraternal feelings of every man, and induce a free, 
eager and unanimous compliance with this requisition. 

To Capt. Asa B. Sizer. 



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Annual Report op the 

P. S. On your arrival at Sackett's Harbor you will report your- 
self to Genl. Jacob Brown or General Dodge, whichever may 
command there, and obey the orders of the one so commanding. 



INSTRUCTIONS FOR COL. TOWNSEND. 

G. O.: Headquarters, Albany, Sept. U, 1812. 

Lt. Col. Townsend, commandant of the Thirteenth Brigade of 
Militia will cause the General orders of the 21st day of April 
last, to be carried into prompt and full effect. A copy of the 
said General Order, together with copies of the subsequent Gen- 
eral Orders, relative to the detachment of militia, will be forth- 
with furnished to the said commandant. 
By order of the Commander in Chief: 

Wm. S. Wilkin, Aid-de-Camp, P. T. 



AND FOR CAPT. MAGHBR. 

Albany, Sept. 11, 1812. 

I was absent from this place when your letter of the 31st ultimo 
came to hand. 

In compliance with your request, I have addressed a letter to 
Col. Stranahan desiring him to attach the eight men drafted from 
the light Infantry Company under your command, to your own 
Company, whenever the rest of your company shall come up with 
his regiment. 

There is an indispensable necessity for ordering out a number 
of Independent Corps, under and pursuant to the act of Congress 
passed 28th February, 1795, of which a copy is enclosed for your 
information. You will, therefore, assemble the rest of your com- 
pany, and join Col. Stranahan's regiment as soon as possible. 
Should his regiment have left Litchfield before you can join 



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State Historian. 399 

them, you will follow them with as rapid marches as possible. 
The bearer takes out tents, camp kettles, and knapsacks, for your 
company. They must find their own blankets, and canteens, also 
musket, cartridge box, &c. Those who may be deficient in mus- 
kets will be supplied at Canandaigua, or on their arrival at 
Niagara. The propriety of reinforcing General Van Rensselaer 
at Niagara, without delay, compels me to urge upon you the most 
vigilant and prompt attention to the execution of this order. The 
Brigadier Quarter master Packard, will pay the expense of trans- 
portation, if you should be able to rendezvous and march with 
the regiment; but if the regiment should have marched before 
your company can rendezvous, the 'bearer is directed to return to 
Cherry Valley and supply you with some cash to defray the con- 
tingent expenses of your march on the road. 
To Captain Peter Magher. 



ASSIGNMENTS. 

G. O.: Headquarters, Albany, Sept. 12, 1812. 

Upon the recommendation of Lt. Col. Zebulon Douglass, com- 
mandant of the Seventy-fourrth Regiment of the militia of the 
State of New York, the Commander in Chief hath brevetted and 
assigned Ichabod S. Spencer an officer of the line of said regi- 
ment, to be the Adjutant thereof, who is to be obeyed and re- 
spected accordingly, until the pleasure of the Council of Appoint- 
ment in the premises be made known. 
By order of the Commander in Chief: 

William S. Wilkin, Aid-de-Oamp, P. T. 

G. O.: Headquarters, Albany, 12th Sept., 1812. 

Major Thomas Greenly, who by General Orders of the 18th day 
of June last, was assigned as Brigade Major and Inspector of the 



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400 Annual Report of the 

sixth detached brigade of the militia of this State, having re- 
quested the Commander in Chief to assign some other officer in 
his stead in said detachment, for reasons which are satisfactory 
to the Commander in Chief, he is therefore excused from serving 
in the said detached brigade, and Stephen Lush Junior is assigned 
and appointed Brigade Major and Inspector in said detached 
brigade in his stead, and is to be obeyed and respected accord- 
ingly. 

By order of the Commander in Chief: 

William S. Wilkin, Aid-de-Camp, P. T. 

G. O.: Headquarters, Albany, Sept. 12, 1812. 

Lt. Col. Thomas Miller of the Eighth Regiment of detached 
Infantry of the State of New York, having selected, assigned and 
employed Richard S. Moore for Quartermaster, Frederick Halsey 
for Chaplain, Benjamin J. Moore for Surgeon, and Dr. Water- 
house of Franklin County for Surgeon's Mate, and Joseph W. 
Edwards for an Ensign, of the said detached regiment; the said 
selections and assignments are approved and confirmed by the 
Commander in Chief, and the persons above named are to obeyed 
and respected accordingly. The said Richard S. Moore is also 
assigned and brevetted as Quartermaster of the thirty-sixth regi- 
ment of the Militia of this State, and is to be obeyed and re- 
spected accordingly. 

By order of the Commander in Chief: 

William S. Wilkin, Aid-de-Camp, P. T. 

G. O.: Headquarters, Albany, Sept. 12, 1812. 

The Commander in Chief, pursuant to the authority for that 
purpose given, appoints and assagns Samuel Edmunds district 
Paymaster for the militia of the State of New York, in the service 



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State Historian. 401 

of the United States, at Lake Champlain and the northern frontier 
of this State, extending from Lake Cbamplain westerly to St. 
Regis, and the said Samuel Edmunds is to be obeyed and re- 
spected accordingly, until further General Orders. 
By order of the Commander in Chief: 

William S. Wilkin, Aid-de-Camp, P. T. 



SSVERAL MORE COMPANIES ORDERED TO THE FRONT. 

G. O.: Headquarters, Albany, 15th Sept., 1812. 

The officers, non-commissioned officers, musicians and privates 
of Captain Lyon's and Captain Higbee's companies of Light In- 
fantry of Troy, of Captain Warner's Light Infantry company of 
Columbis County, and of Captain Birdsall's company of Riflemen 
of Watervliet, Albany County, are hereby, conformably to direc- 
tions by authority of the President of the United States, and 
pursuant to the act of Congress in that case made and provided, 
passed the 28th day of February, 1795, ordered into public service 
to rendezvous for that purpose at the Park, in the village if Troy, 
on Friday next, 18th instant, at nine o'clock in the forenoon. 
Quartermaster John Sampson of Troy will report himself to the 
Commander in Chief, at Headquarters in Albany, on Thursday 
morning next at ten o'clock to receive the necessary camp equip- 
age, advances to defray the expense of transportation, and in- 
structions relative to the duties of Quartermaster for said de- 
tachment. The destination of the four companies before men- 
tioned is Plattsburgh, in the County of Clinton. 

The senior officer present will command the detachment from 
the time of its assemblage at Troy, until it arrives at Plattsburgh, 
where he will report himself and the corps under his command to 
2ft 

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402 Annual Report of the 

Brigadier General Bloomfield, the commandant on that station, 
and will receive and obey his orders. Capt. Emigh's Troop of 
Cavalry are directed to assemble on the same day, place, and 
hour, from whence they will also proceed to Plattsburgh and be 
reported as aforesaid by the captain. Captain Emigh will receive, 
at the place of rendezvous, the necessary camp equipage and ad- 
vances to defray the expenses of transportation and foraging 
from — 
itAiji Ust ] Captain Brown's company of Artillery of Pittstown, Bens- 
ft^i w£ n o *selaer; Captain Drake's Company of Artillery, of Waterford, 
' X#1 * 4 ^** € S Saratoga County; Captain Mott's Company of Artillery of Still- 
water, Saratoga County, and Captain King's Company of Artil- 
lery of Lansdngburgh, Rensselaer County, under and pursuant to 
the authority and act aforesaid, will also assemble on Friday 
nert at Waterford at ten o'clock, in the forenoon, from whence 
they will proceed, under the command of the senior officer pres- 
ent, to Sackett's Harbor, in the County of Jefferaon, and receive 
and obey the orders of the commanding officer at that station. 

Captain Lemen Foot's Company of Artillery of Milton, Sara- 
toga County, will assemble on the day and hour above mentioned, 
and as part of the artillery detachment destined for Sackett's 
Harbor, at such place as Captain Foot may in company orders, 
designate, and will join the said detachment at such point of 
their march as may be directed by the Quartermaster thereof. 
Lieutenant Fowler of Waterford, will officiate as such Quarter- 
master and will attend at Headquarters in Albany, on Thurs- 
day next, at ten o'clock in the forenoon to receive camp equipage 
and the means of transporting said detachment. 

All the Artillery, Infantry, Cavalry and Riflemen embraced in 
this order, are to appear completely equipped, with the uniform 



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State Historian. 403 

and arms of their respective corps, and with ordinary or fatigue 
clothing, a knapsack, blanket and canteen. 
By order of the Commander in Chief: 

Anthony Lamb, Aid de-Camp. 



MORE ORGANIZATIONS OF EXEMPTS FORMED AND OFFICERS ASSIGNED 

TO COMMAND. 

G. O.: Headquarters, Albany, Sept. 16, 1812. 

Upon a representation of John Free and others, exempts from 
military duty, of the town of Aurelius, in the County of Cayuga, 
the Commander in Chief is pleased to organize the said John 
Free and his associates into a company of Infantry, pursuant to 
the 35th section of the militia law of this State, to be called " The 
Aurelius Silver Greys," and hereby appoints, brevets, and as- 
signs one captain, two Lieutenants, and one Ensign for said com- 
pany, vizt: Zenas Huggins for Captain, Ezra Goodale, first Lieu- 
tenant, Gilbert Goodrich for second Lieutenant, and Daniel Hurl- 
burt for Ensign, and directs that the said persons be obeyed and 
respected accordingly, by the members of the said company, in 
the several offices aforesaid. 

By order of the Commander in Chief: 

Wm. S. Wilkin, Aid-de-Camp, P. T. 

G. O.: Headquarters, Albany, Sept. 17th, 1S12. 

The Commander in Chief hereby organizes a company of Rifle- 
men in Col. Turtle's Regiment (One hundred and Sixteenth) of In- 
fantry to be called "The volunteer rangers," and assigns and 
brevets Myron Beach, Captain, Nathaniel Smith, Lieutenant, and 



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404 Annual Report of the 

James J. Cameron, Ensign, of said company, who are to be obeyed 
and respected accordingly, until the pleasure of the Council of 
Appointment in the premises be made known. 

By order of the Commander in Chief: 

William S. Wilkin, Aid-de-Camp, P. T. 

The uniform of the above company will be blue round about, 
or -sailor coat, without facings, but with yellow buttons, and laced 
button holes; blue pantaloons, with yellow cord edging, boots 
or black gaiters and a helmet. 

G. O.: Headquarters, Albany, Sept. 18th, 1812. 

Whereas a number of inhabitants in the County of Franklin, 
exempt from military duty, have associated themselves together 
as a Company and have signed a roll pledging themselves for ser- 
vice in case of invasion, or other emergency, according to the 
35th section of the militia law; the Commander in Chief accepts 
the services of said company and hereby organizes the same, and 
appoints, brevets and assigns Joel Amsden to be captain, Gabriel 
Cornish and Enos Wood to be Lieutenants, and Aaron Parks to 
be Ensign of said company, who are to be recognized, obeyed and 
respected accordingly. 

By order of the Commander in Chief: 

Wm. S. Wilkin, Aid-de-Camp, P. T. 

G. O.: Headquarters, Albany, 19 Sept., 1812. 

The Lieutenant and Ensign of Captain Magher's Company of 
Light Infantry, at Cherry Valley, in Otsego County, (having re- 
signed) the Commander hereby assigns and brevets David Wood- 
burn to be Lieutenant and William Allen, Jun'r to be the Ensign 
of said Company to be obeyed and respected accordingly, until 



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State Historian, 405- 

the pleasure of the Council of Appointment in the premises be 
made known. 

By order of the Commander in Chief: 

Wm. S. Wilkin, Aid-de-Camp, P. T. 
G. O.: Headquarters, Albany, Sept. 21, 1812. 

It having been represented to the Commander in Chief that 
Silas Wood, of the first battalion of the first regiment of Artil- 
lery, declines accepting his commission of second Lieutenant in 
the said regiment, the Commander in Chief therefore, on recom- 
mendation of Lieutenant Col. Teller, Commandant thereof, 
hereby brevets Hezekiah R. Hoyt as second Lieutenant; he is to 
be obeyed and respected accordingly, until the pleasure of the 
Honorable the Council be made known. 

By order of the Commander in Chief: 

J. W. Livingston, Lt. Col. and Aid-de-Camp. 
G. O.: Headquarters, Albany, Sept. 21, 1812. 

Upon the representation of Ephraim Boynton, and others, ex- 
empts from military duty of the town of Jay, in the County of 
Essex, the Commander in Chief is pleased to organize the said 
Ephraim Boynton and his associates into a company of Infantry, 
purusant to the 35th section of the militia Law of this State, 
and hereby appoints, brevets and assigns one captain, two Lieu- 
tenants and one Ensign for said company, vizt: Jethro Bonney 
for Captain; Joseph Palmer for first Lieutenant; Samuel Whit- 
ney for second Lieutenant, and Silas Stiles for Ensign; and 
directs that the said person be obeyed and respected accordingly, 
by the members of the said company, in the several offices afore- 
said. 

By order of the Commander in Chief: 

J. W. Livingston, Lt. Col. and Aid-de-Camp. 



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406 Annual Report op the # 

G. O.: Headquarters, Albany, Sept. 22, 1812. 

Abner Adams and others, exempts from militia duty, in the 
town of Hartwick, in the County of Otsego, having associated 
themselves together and offered their services, according to the 
provisions of the 35th section of the militia law of this State, 
and having subscribed a roll to the number of forty-five and up- 
wards, pledging themselves to bear arms and take the field in case 
of emergency, and whenever their Country or its rights may be 
invaded or likely to be; and it appearing to the Commander in 
Chief .that the acceptance of such patriotic and generous offers, 
and the organization of such associations will tend to the publio 
safety and general good, does hereby organize the before-men- 
tioned association into a company of Infantry, and appoints, 
brevets and assigns Abner Adams Junior, for Captain; Stukeley 
Elsworth for Lieutenant; and Asahel Whipple for Ensign, who 
are to be severally recognized, obeyed and respected accordingly. 
By order of the Commander in Chief: 

J. W. Livingston, Lt. Col. and Aid-de-Camp. 

G. O.: Headquarters, Albany, Sept. 22, 1812. 

A number of exempts from military duty at and near Sagg 
Harbour, in the County of Suffolk, having associated them- 
selves together, pursuant to the 35th section of the militia law 
of this State, and offered their services for the defence and pro- 
tection of Sagg Harbour, against invasion, the said association 
is hereby organized into a company of Artillery, and the follow- 
ing persons are brevetted and assigned as offiecrs of said com- 
pany, vizt: John Jermain, Captain and Elisha Prior, Cornelius 
Sleight, and Thomas Beebee, Lieutenants, who are to be obeyed 
and respected accordingly. The said company will be liable to 



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• State Historian. 407 

be called into service by Brigadier General Rose, in case of in- 
vasion of any part of the Port of Sagg Harbour, and will be sub- 
ject to his orders and directions whilst in service. 
By order of the Commander in Chief: 

J. W. Livingston, Lt. Col. and Aid-de-Oamp. 

G. O.: Headquarters, Sept. 25, 1812. 

The board of officers appointed to settle the relative rank of 
Major Gilbert Ketchum and Captain Tyler DiBblee, having de- 
termined that at the time of the appointment of Major Ketchum 
to the office of Major of the now fourth Regiment of Artillery, 
the said Tyler Dibblee was a senior captain of said regiment, 
and the said report being very accurate in point of form, and 
perfectly satisfactory to and approved of by the Commander in 
Chief, he dissolves the said board, with his thanks for the 
prompt and able discharge of the duties imposed upon them. 

The Commander in Chief is further pleased to brevet and as- 
sign the said Tyler Dibblee, a major in the said regiment, with 
rank from and including the day preceding the date of the Com- 
mission of the said Gilbert Ketchum, as Major. The actual com- 
mand as second Major of said regiment will continue to be ex- 
ercised by Major Ketchum, until further orders, and in the mean- 
time Major Tyler Dibblee will be regarded as a supernumerary 
Major of superior rank to Major Ketchum. 
By order of the Commander in Chief: 

J. W. Livingston, Lt. Col. and Aid-de-Camp. 

G. (X: Headquarters, Sept. 25, 1812. 

A number of persons in and near Charleston in Montgomery 
County being desirous of forming a company of Horse Artillery 
and of tendering their services to their country, the Commander 



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408 Annual Report of the 

in Chief is therefore pleased to organize the said company, and 
hereby brevets and assigns Isaiah Shaw, Captain; John U. 
Smith, First Lieutenant; Edward Wolverton, Second Lieuten- 
ant, and Elijah Wilcox, Cornet of said company, who are to be 
obeyed and respected accordingly until the pleasure of the Coun- 
cil of Appointment in the premises be made known. 
By order of the Commander in Chief: 

John W. Livingston, Aid-de-Camp. 
G. O.: Headquarters, Albany, 22d Sept., 1812. 

The Commander in Chief is pleased hereby to brevet John W. 
Oddie as Ensign in the first Regiment of Riflemen, until the 
Council of Appointment shall have manifested its intention in 
relation thereto. 

By order of the Commander in Chief: 

Wm. Paulding, Jun., Adjutant General. 
G. O.: Headquarters, Albany, 28th Sept., 1812. 

A number of persons of the County of Albany, having associ- 
ated themselves and offered their services to the United States, 
under and pursuant to the acts of Congress, entitled, "An Act 
authorizing the President of the United States to accept and 
organize certain volunteer military corps ", and " An Act sup- 
plementary to the Act entitled An Act authorizing the President 
of the United States to accept and organize certain volunteer 
military corps"; His Excellency the Commander in Chief is 
hereby pleased to organize the said persons as a Rifle Corps, and 
to assign and brevet Lyman Sanford as Captain, Abraham Burd 
as Lieutenant, and John G. Clute as Ensign of the same. 

And his Excellency directs that the persons so assigned and 
brevetted be obeyed and respected accordingly. 
By order of the Commander in Chief: 

R. Macomb, Lt. Col. and Aid-de-Camp. 



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State Historian. 409 

<3t. O.: Headquarters, Albany, Sept. 28th, 1812. 

The Commander in Chief hereby organizes a company of Artil- 
lery, in the sixth Regiment of Artillery, to be called " The Vol- 
unteer Bangers", and he hereby assigns and brevets Myron 
Beach Captain, Nathaniel Smith, First Lieutenant, and James J. 
Cameron, Second Lieutenant of said Company, who are to be 
obeyed and respected accordingly, until the pleasure of the 
Council of Appointment be made known in the premises. 

The uniform of the said company will be a blue roundabout or 
sailor's jacket, without facings, having yellow buttons and laced 
button holes; blue pantaloons with yellow cord edging, and boots 
or black gaiters and a helmet. 

By order of the Commander in Chief: 

B. Macomb, Aid-de-Camp and Lt. Col. 



CAPTAIN MAHAR'S RIFLD COMPANY ORDERED TO ONONDAGA. 

O. O.: Headquarters, Albany, 29th Sept., 1812. 

Captain Mahar's volunteer company of Riflemen, of Albany, 
and Captain Marshall's volunteer rifle company of New Balti- 
more, will immediately rendezvous and march with Col. Mc- 
•Clure's New York Detachment and as part thereof, to Onondaga, 
-or as soon after them as possible. Quartermaster Quackenboe 
will attend to the supplies of Tents and camp Equipage, and 
Commissary Vernor will deliver to him from the Arsenal, such 
articles as may be required for the said Troops. The two com- 
panies above mentioned will assemble on Saturday next, at such 
place as the respective Captains shall appoint, and proceed 
with as much expedition as possible. Lt. Col. McClure will corn- 



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410 Annual Report of the 

mand the whole, and will see that they are assembled, and 
marched as soon as possible. 

By order of the Commander in Chief: 

B. Macomb, Lt Col. and Aid, 



ASSIGNMENTS AND NEW ORGANIZATIONS. 

G. O.: Headquarters, Albany, 1st October, 1812. 

In consequence of the absence of Lieut. Barnewell of Captain 
Price's Company, and Lieut. Col. Mapes detached Regiment of 
Infantry, now in the service of the United States, the Commander 
in Chief is hereby pleased to brevet and assign Ensign Goven- 
eure S. Bibby of the said company as Lieutenant thereof, who 
is to be obeyed and respected accordingly, until further General 
Orders. 

By order of the Commander in Chief: 

Wm. Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, Albany, 1st Oct., 1812. 

The Commander in Chief does hereby brevet Charles Lowton as 
Captain, William Swaim as First Lieutenant, James C. Townsend 
and John D. Brown as Second Lieutenants in the Third Regiment 
of Artillery, until the pleasure of the Council of Appointment be 
made known in the premises. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjt. General. 

G. O.: Headquarters, Albany, October 1st, 1812. 

The Commander in Chief, pursuant to the 35th section of the 
act entitled, " An Act to organize the Militia of this State," passed 
the 29th day of March, 1809, does hereby organize a company of 
Infantry in the town of Constable, County of Franklin, to be called 



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State Historian. 411 

" The Franklin Volunteer Exempts " ; and his Excellency is 
pleased hereby to brevet and assign David Erwin as Captain, Wil- 
liam Perry as Lieutenant, and John Hungdon as Ensign of the 
said company. 

By order of the Commander in Chief: 

Wm. Paulding, Jr., Adjt. General. 

G. O. : Headquarters, Albany, 1st Oct., 1812. 

Lieutenant Col. Martin Heermance, Commandant of the Fifth 
Regiment of Infantry, detached for the service of the United 
States, having represented that David Ostrom, a Captain assigned 
to the said Regiment had resigned, and that Horatio Armstrongs 
a Lieutenant assigned to the said Regiment had accepted a com- 
mission in the United States Army ; the Commander in Chief there- 
fore, hereby assigns Captain Randall S. Street of the Eighty- 
fourth Regiment of Infantry to supply the place of Captain 
Ostrom, and Lieutenant Benjamin Van Waggoner of the One hun- 
dred and eleventh Regiment of Infantry, to fill the place of Lieu- 
tenant Armstrong in the said Fifth Regiment. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



A NEW ALBANY REGIMENT. 

G. O.: Headquarters, Utica, Oct. 2d, 1812. 

It having been communicated to the Commander in Chief that 
a large number of patriotic citizens of the County of Albany have 
associated for the purpose of forming a Regiment of volunteers, 
under and pursuant to the act of Congress, passed the 6th day of 
February last, and the act supplementary thereto, and that it 
would facilitate the formation and organization of the said Regi- 



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412 Annual Report op the 

ment, if the Field officers chosen by the said association were 
brevetted; and the Commander in Chief, highly approving the 
patriotic proceedings of the said association of volunteers, hereby 
organizes the same into a Regiment, and brevets and assigns Se- 
bastian Vischer to be Colonel, John Mills to be Lieutenant Col- 
onel, and William Yates to be Major of the said Regiment, who are 
to be obeyed and respected accordingly. 
By order of the Commander in Chief: 

John W. Livingston, Aid-de-Camp. 



THE WORCESTER EXEMPTS. 

G. O.: New York, 6th Oct., 1812. 

In conformity to the 35th section of the act entitled, " An Act 
to organize the militia of this State," passed the 29th day of 
March, 1809, the Commander in Chief is hereby pleased to organize 
a company of Infantry, in the town of Worcester, Otsego County, 
to be denominated " The Worcester Exempts ", and brevets and 
assigns Silas Crippen, Captain; David Gott, Lieutenant, and John 
Champion, Ensign of the said Company. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjt. General. 



THE COMMANDER IN CHIEF IN THE FIELD. 

-G. O.: Headquarters, Sackett's Harbour, 10th October, 1812. 

Brigadier General Jacob Brown, having by Brigade Orders of 
June 29th, 1812, assigned Doctor Amasa Trowbridge to be Sur- 
geon of the militia, and employed him accordingly, during which 
assignment and employ the said Amasa Trowbridge rendered im- 
portant services to the militia on duty at Cape Vincent and Sack- 
^ett's Harbour; the Commander in Chief is therefore, pleased to 



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State Historian. 41& 

confirm the said appointment, and accordingly hereby assigns, 
brevets, and appoints the said Amasa Trowbridge to be a Surgeon 
in the militia of this State, and directs that he be recognized, 
obeyed and respected accordingly, until the pleasure of the Coun- 
cil of Appointment in the premises shall be made known. 

By order of the Commander in Chief: 

J. W. Livingston, Aid-de-Camp. 



AND MAKES A FEW ASSIGNMENTS. 

G. O. : Headquarters, Sackett's Harbour, 10th Oct., 1812. 

Brigadier General Erastus Root, having on the 2d day of Sep- 
tember last, assigned Henry Lowther to be Ensign of a company 
of detached militia in the Thirteenth Regiment of said militia, 
commanded by Putnam Farrington Esquire, the said assignment 
is hereby confirmed, and the said Henry Lowther brevetted amd 
assigned Ensign as aforesaid, with rank as such from the day 
aforesaid, and is to be obeyed and respected accordingly, until the 
pleasure of the Council of Appointment in the premises be made 
known. 

By order of the Commander in Chief: 

J. W. Livingston, Aid-de-Camp. 

G. O. : Headquarters, Sackett's Harbour, 10th Oct'r, 1812. 

The Commander in Chief orders and directs that the following 



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brevet promotions be made in the Artillery Battalion now in thetuf^ 1 * 4 "'" 
service of the United States at this post, consisting of Brown*s { v 
Foot's, King's and Drake's companies of militia Artillery, vizt: 
Andrew Brown, Major Commandant; Gideon Reed, Captain vice 



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414 * Annual Report op the 

Brown; Caleb Ward, 1st Lieutenant, vice Reed; Adin T. Cory, 2d 
Lieutenant vice Ward. 

They are to be obeyed and respected accordingly. 
By order of the Commander in Chief: 

J. W. Livingston, Aid-de-Camp. 

O. O.: Headquarters, Sackett's Harbour, 10th October, 1812. 

Several persons having entered the service of the United States, 
in the staff of the Tenth Regiment of detached militia of the State 
of New York, by the assignment and appointment of John Prior 
Esquire, Commandant thereof, pursuant to authority contained in 
General orders, organizing the detached militia of this State; the 
Commander in Chief hereby confirms the said assignments and 
appointments, and the said several persons are brevetted and 
appointed accordingly, to the offices opposite their respective 
names, and are to be recognized, obeyed and respected therein, 
according to the said original assignment and appointment, vizt: 

Jonathan Kellogg, Quartermaster; Brenzon B. Wiggins, Pay- 
master; Daniel Hicks, Surgeon, and Edward C. Willard, Surgeon's 
Mate. 

By order of the Commander in Chief: 

J. W. Livingston, Aid-de-Camp. 

G. O.: Headquarters, Sackett's Harbour, 12th October, 1812. 

The Commander in Chief orders and directs that the following 
brevet promotions be made in the Twelfth Regiment of detached 
militia of this State, commanded by Lt. Col. Van Dalf sen and now 
in the service of the United States, vizt: 

Lieut. Isaac Van Dalf sen to be Captain; Ensign Thomas Wayne 
to be Captain; Ensign John J. Roff to be Lieutenant; Ensign 



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State Historian. 415 

Henry Van Antwerp to be Lieutenant; Sergt. Major Ch's L. Mul- 
f ord to be Lieutenant. 
They are to be obeyed and respected accordingly. 
By order of tHe Commander in Chief: 

J. W. Livingston, Aid-de-Camp. 

G. O.: Headquarters, Sackett's Harbour, Oct., 13th, 1812. 

r ^ The Commander in Chief is hereby pleased to assign and brevet 

John Wood Jun'r as first Lieutenant of Capt. King's Company in £j^ y^a d 
Major Andrew B fowp's detachment of Artillery, in the service of £***/ u4/ *y - 
the United States; which detachment is destined from this place 
for Qgdensburph in St. Lawrence County. And his Excellency 
hereby orders that the said John Wood Junior, be obeyed and re- 
spected accordingly. 

By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp and Lt. Col. 

G. O.: Headquarters, Sackett's Harbour, Oct., 17th, 1812. 

The Commander in Chief announces to the troops, that the par- 
ade of yesterday has afforded him great satisfaction. His Excel- 
lency is pleased to assign and brevet the following persons: 

In Lt. Co. Rich's Regiment. 
In Capt. Lyker's Comp'y vice Love- 
berry resigned; 

In Capt. Cady's comp'y, Ensign David Voorhis to be Lieuten- 
ant. 

In Lt. Col. Parrington's Regiment. 

Capt. Frederick P. Poote to be Major-, vise Lawrence dis- 
charged; 

Homer P. Phelps to be captain, vice Foote, promoted; 

David S. Dennis to be Lieut., vice Phelps, do; \ 



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4L6 Annual Report op the 

Lt. Corn's Van Antwerp is to be captain, vice Springsteed, pro- 
moted; I 
. John W. Pearson to be Lieutenant vice Van Antwerp, do; 

Alfred Phelps to be Paymaster. 

In Lt. Col. Prior's Regiment. 

Lt. Samuel R. Dodge to be captain vice Mills, resigned. 

Ensign Garrit Vosburgh to be Lieut, vice Dodge, promoted. 

And his Excellency orders that the persons so assigned and: 
brevetted be obeyed and respected accordingly. 

By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp and Lt. Col. 



HE TRANSFERS HEADQUARTERS TO OSWEGO AND COMMENDS THE 
APPEARANCE OF THE TROOPS. 

G. O.: Headquarters, Oswego, 19th October, 1812. 

The Commander in Chief announces to the militia in service at 
Port Oswego, his great satisfaction at their appearance and con- 
duct during the review and manoeuvres of this day. Their cor- 
rect discipline, accurate manouvres and orderly and soldierly 
appearance and conduct is flattering in the highest degree to the 
officers and soldiers of the station, and merits and receives the 
warmest approbation of the Commander in Chief; he requests 
Lt. Col. Fleming to communicate to the officers and soldiers under 
his command the high estimation in which the Commander in 
Chief holds their praiseworthy appearance and conduct, and hia 
thanks for their respectful attention to him and his Suite. 

The Commander in Chief is further pleased, upon proper recom- 
mendations for that purpose to assign and brevet Sergeant 
Harold White a Lieutenant in the detachment of militia in pub- 



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State Historian. 417 

lie service at Oswego, and directs that he be recognized, respected 
and obeyed accordingly. 

The Commander in Chief having occasion for the services of 
Lt. Col. Fleming at another station, relieves him from the com- 
mand of the militia of this post and assigns Lieut. Col. Erastus 
Cleveland to the said command, and he further brevets and as- 
signs Abijah Yelverton Junior to be a Lieutenant in the militia 
of this State, and Paymaster of the detachment at Oswego. 
By order of the Commander in Chief: 

J. W. Livingston, Aid-de-Canip. 



THREE DAYS LATER HE IS AT LIMA, (THEN IN ONTARIO COUNTY). 

G. O.: Headquarters, Lima, Oct. 22d, 1812. 

The Commander in Chief is hereby pleased to assign and 
brevet Thomas Dawson as First Lieut., Thomas Doyle as Second 
Lieut., and Andrew Fagan as Ensign in Captain Maher's rifle 
company in the detachment now commanded by Lt. Col. McClure, 

And his Excellency directs that the persons so assigned and 

brevetted be obeyed and respected accordingly. 

By order of the Commander in Chief: 

a 
Robert Macomb, Aid-de-Camp and Lt. Col. 



HE ESTABLISHES HEADQUARTERS AT BUFFALO NEARLY TWO WEEKS 
AFTER THE BATTLE AT QUBENSTON. 

G. O.: Headquarters, Buffalo, Oct 26, 1812. 

Lieut. Col. McClure will, upon his arrival at the Headquarters 
ters in Buffaloe, report himself and the detachment under his 
command to General Alexander Smyth, Commandant of the 
forces on the Niagara frontier. 
' 27 



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418 Annual Report op the 

The said detachment is hereby placed under the command of 
General Smyth, and the officers and soldiers thereof are strictly 
enjoined to pay assiduous attention to discipline and subordina- 
tion, and so to conduct themselves in every respect as to maintain 
the high reputation for patriotism and soldierly conduct, for 
which they have heretofore been distinguished. 
By order of the Commander in Chief: 

J. W. Livingston, Aid-de-Camp. 



AND INDORSES A FEW ASSIGNMENTS OF OFFICERS. 

G. O. Headquarters, Buffaloe, Oct. 27th, 1812. 

Lieut Col. Btranahan, Commandant of the Tenth Regiment of 
Infantry, of the State of New York, having, on the seventh day 
of September last assigned and brevetted John Stafford, Ad- 
jutant, Jeddediah Peck, Paymaster, Eben Coles, Chaplain, 
Samuel Hadly, Surgeon, and Charles W. Hull, Surgeon's Mate, 
of said Regiment, pursuant to authority for that purpose con- 
tained in General Orders of the 18th day of June last; the Com- 
mander in Chief is hereby pleased to confirm said assignments 
and brevets; and does hereby brevet Ezra Graves, Captain, and 
Avery Powers, Ensign, in the Forty-eighth Regiment of Infantry. 
By order of the Commander in Chief: - 

J. W. Livingston, Aid-de-Camp. 



TWO WEEKS LATER HE RE-ESTABLISHES HEADQUARTERS AT TH1 

CAPITAL. 

G. O.: Headquarters, Albany, Nov. 10th, 1812. 

A number of persons in the County of Washington, exempt 
from militia duty, having associated themselves together and 
formed two companies, and having complied in other respects 



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State Historian. 419 

with the provisions of the 35th section of the militia law of this 
State: the Commander in Chief is hereby pleased to organize the 
said companies;, to one of which he assigns and brevets Kitchel 
Bishop, Captain; Herman Hoffman Lieutenant; and James L. 
fichurman Ensign; and to the other, being very large, he assigns 
and brevets four officers, vizt: Isaac Harlow, Captain; Squire 
Bartholomew, first Lieutenant; Gideon Taft, second Lieutenant; 
and Samuel Hatch, Ensign; all of which officers are to be obeyed 
and respected accordingly. The said Companies will be subject 
to the orders of the Commander in Chief for the defence of the 
Ohamplain frontier, and will hold themselves in readiness accord- 
ingly. 

By order of the Commander in Chief: 

J. P. Bacon, Aid-de Camp, P. T. 



A COUPLE OP BREVETS. 

<J. O.: Headquarters, Albany, Nov. 11th, 1812. 

Truman Hurd is hereby brevetted as captain, and Lucas Goes 
as Lieutenant in the ninth Regiment of the third detached Bri- 
gade of militia of this State, and they are to be obeyed and re- 
spected accordingly. 

By order of the Commander in Chief: 

J. P. Bacon, Aid-de-Camp, P. T. 



A BATCH OP NEW EXEMPT ORGANIZATIONS. 

G. O.: Headquarters, Albany, Nov. 11th, 1812. 

Whereas a number of persons, inhabitants of the town of 
Scipio, in the Cpunty of Cayuga, exempt from militia duty, have 
associated themselves together, and formed a company, pursuant 
to the 35th section if the militia Law of this State; 



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420 Annual Report op the 

Now, therefore, the Commander in Chief, in pursuance of the 
authority vested in him by the said law, does hereby organize the 
said association as a company of Infantry, and assigns and bre- 
vets one captain, two Lieutenants, and one Ensign for said com- 
pany, vizt: Jonathan Richmond for Captain, Elisha Durkee for 
First Lieutenant, Nathan Webster for second Lieutenant, and 
Worden Babcock for Ensign, and directs that they be obeyed and 
respected accordingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 

G. O.: Headquarters, Albany, Nov. 11th, 1812. 

Whereas a number of persons, inhabitants of the towns of 
Warren and Columbia, being exempt from militia duty, have asso- 
ciated themselves together, pursuant to the 35th section of the act 
of the Legislature of the State of New York, organizing the 
militia thereof; 

Now, therefore, the Commander in Chief, in pursuance of the 
authority vested in him by the said act, does hereby organize the 
said association as a company of Infantry to be called, "The Vet- 
eran Company of Warren and Columbia", and brevets and assigns 
Asbel Freeman as Captain, Dyer Greene, as Lieutenant, and 
Mason Tilden as Ensign, of the said Company, who are to be 
obeyed and respected accordingly. 

By order of the Commander in Chief: 

t Anthony Lamb, Aid-de-Camp. 

G. O.: Headquarters, Albany, Nov. 11th, 1812. 

Whereas a number of persons, inhabitants of the town of Dry- 
den, in the County of Cayuga, exempt from military duty, have 
associated themselves together as a company, according to the 



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State Historian. 421 

35th section of the militia law; the Commander in Chief accepts 
the services of said company, and hereby organizes the same and 
appoints, brevets and assigns Parley Whitmore to be Captain, 
Benjamin Clark to be Lieutenant, and Joel Hull to be Ensign, of 
said company, who are to be recognized, obeyed and respected 
accordingly. 

By order of the Commander in Chief: 
; Anthony Lamb, Aid-de-Camp. 

G. O.: Headquarters, Albany, Nov. 11th, 1812. 

Whereas a number of persons, inhabitants of the town of Mar- 
cellus, in the County of Onondaga, being exempt from militia 
duty, have associated themselves together and formed a company, 
pursuant to the 35th section of the Act of the Legislature of the 
State of New York, organizing the militia thereof; 

Now, therefore, the Commander in Chief, in pursuance of the 
authority vested in him by the said act, does hereby organize the 
said association as a company of Infantry, and brevets and as- 
signs Timothy Oopp, to be the Captain; Levi Appleby to be the 
Lieutenant, and David Willard to be the Epsign of the said Com- 
pany, who are severally to be obeyed and respected accordingly. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 

G. 0.: Headquarters, Albany, Nov. 11th, 1812. 

Whereas a number of the inhabitants of the town of Middle- 
town, in the County of Delaware, exempt from military duty, have 
associated themselves together and formed a company, pursuant 
to the 35th section of the militia law of the State; 

Now, therefore, the Commander in Chief, in pursuance of the 
authoirity vested in him by the said law, does hereby organize the 



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422 Annual Report of the 

said association as a company, and brevets and assigns Jehu Barr 
to Captain, Thomas Crosby to be Lieutenant, and Samuel Reed 
to be Ensign of said Company, who are to be severally obeyed 
and respected accordingly. 

By order of the Commander in Chief: 
j Anthony Lamb, Aid-de-Camp. 

G. O.: Headquarters, Albany, Nov. 11th, 1812. 

Josiah L. Patterson and others, exempts from militia duty, in 
the town of Lysle, in the County of Broome, having associated 
themselves together, and offered their services according to the 
provisions of the 35th section of the militia Law of this State;: 
and it appearing to the Commander in Chief that the organiza- 
tion of such associations will tend to the public safety and gen- 
era! good, does hereby organize the said association into a com- 
pany, and hereby appoints, brevets and assigns Caleb Hyde for 
Captain, Samuel Ooe for First Lieutenant, and James Stoddard 
for Second Lieutenant, who are to be severally recognized, obeyed 
and respected accordingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 

G. O.: Headquarters, Albany, Nov. 13th, 1812. 

Whereas a number of persons, inhabitants of! the town of 
Oamillus, in the County of Onondaga, being exempted from 
militia duty, have associated themselves together, pursuant to 
the 35th Section of the Act organizing the militia of this State; 

Now, therefore, the Commander in Chief, in pursuance of the 
authority vested in him by the said act, does hereby organize the 
said association as a company of Infantry, and brevets and as* 
signs Squire Manro as Captain, Moses Rogers as First Lieuten- 



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State Historian. 423 

ant, Isaac Lindsay as Second Lieutenant, and Nichobod Lamber- 
flon as Ensign of said Company, who are to be obeyed and re- 
spected accordingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Oamp. 

G. O.: Headquarters, Albany, Nov. 13th, 1812. 

Whereas Nathan Gray and others, inhabitants of the town of 
Avon in the County of Ontario, exempts from militia duty, have 
associated themselves together, pursuant to the 35th section of 
the Act of the Legislature of the State of New York, organizing 
the militia thereof; 

Now, therefore, the Commander in Chief, in pursuance of the 
authority vested in him by the said act, does hereby organize 
the said association as a company of Artillery, and brevets and 
assigns Champion Ackley as Captain, Samuel H. Helmes as first 
Lieutenant, and Elijah Gray as second Lieutenant, who are to 
be obeyed and respected accordingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 

G. O.: Headquarters, Albany, Nov. 13th, 1812. 

Whereas John J. Gee, and others, inhabitants of the town of 
Virgil, in the County of Cayuga, being exempted from militia 
duty, have associated themselves together, pursuant to the 35th 
section of the act organizing the militia of the State; 

Now, therefore, the Commander in Chief, in pursuance of the 
authority vested in him by the said act, does hereby organize the 
said association as a company of Infantry, and brevets and as- 
signs Simeon West as Captain, John S. Squires as Lieutenant 



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424 Annual Report op the 

and William Powers as Ensign of said Company, who are to be 
obeyed and respected accordingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



MORE PROMOTIONS. 

G. O.: Headquarters, Albany, Nov. 13th, 1812. 

Pursuant to recommendations for that purpose from the Com- 
mandants of the Regiments hereinafter mentioned, the Comman- 
der in Chief is pleased to brevet and assign the persons herein- 
after mentioned to the offices opposite their respective names, 
in the several Corps specified below, vizt: 

In the One hundred and eleventh Regiment of Infantry, where- 
of Martin Heermance Esquire is Lt. Col. Commandant; Charles 
P. Adriance Capt., vice J. C. Tillotson, resigned; Peter Ring, 
Lieutenant, vice H. G. Armstrong, do; Benjamin Schultz Ensign, 
vice H. B. Armstrong, do. 

In the One hundred and sixth Regiment of Infantry, whereof 
Jacob Delamontagnie Esquire is Lt. Col. Commandant: John 
Carpenter, Surgeon's Mate. 

.In the Regiment of Light Infantry, whereof Jeremiah Johnson 
Esquire is Lt. Col. Commandant, in the eighth detached Brigade 
of militia: John Ireland, Chaplain; Benjamin Hews, Surgeon. 

Which said several persons are to be obeyed and respected in 
the several offices and corps above mentioned, until the pleasure 
of the Council of Appointment in the premises may be ex- 
pressed. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



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State Historian. 425 

a new company op volunteers. 

G. O.: Headquarters, Albany, Nov. 13th, 1812. 

A number of persons having associated themselves together 
and subscribed a Roll as volunteers, under the act of Congress 
passed the 6th day of February last, and having selected the 
officers hereinafter named; the Commander in Chief accepts the 
services of said associates, and organizes them into a company, 
and assigns and brevets Richard C. Skinner as Captain, John 
Furman, first Lieutenant, John Vandenbergh Junior, second 
Lieutenant, and John T. Wendell, Ensign, of said Company, and 
directs that they be recognized, obeyed and respected accord- 
ingly. 

By order of the Commander in Chief: 

Wm. S. Wilkin, Aid-de-Camp, P. T. 



GEN. PETER VAN ZANDT RESIGNS. 

G. O.: Headquarters, New York, 17th Nov., 1812. 

Brigadier General Peter Van Zandt, Commandant of the Third 
Brigade of Infantry, having signified his desire to resign his com- 
mission, and the Commander in Chief having seen, in the reasons 
urged by the General in support of his request, sufficient cause 
for acceding to it, has accordingly accepted of his resignation. 

The command, of that Brigade has, therefore, devolved upon 
Lieutenant-Colonel R6bert Bogardus, the senior in commission 
of the Lieutenant Colonels thereof, who is hereby directed, forth- 
with, to enter upon the duties of Brigadier General of the same. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



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426 * Annual Report op the 

another volunteer corps. 
G. G.: Headquarters, New York, 17th Nov., 1812. 

A number of persons having associated as volunteer corps, and 
having respectively subscribed a Boll, under the Act of Congress, 
passed the 6th day of February last, and selected the persons 
hereinafter named for officers of the same; the Commander in 
Chief, hereby accepts of the services of the said Corps, and or- 
ganizes them into three several companies, and brevets and 
assigns thereto, the persons nominated for that purpose in the 
manner following: 

To the first Company of Infantry: Lyman Stanford, Captain; 
Abraham Burd, Lieutenant; John G. Clute, Ensign. 

To the second Company of Infantry: William McCarty, Cap- 
tain; Jacob Van Wart, 1st Lieut.; William Perry, 2d Lieut. 

To the first Company of Artillery: Thomas Machin, Ju'r, Cap- 
tain; Benjamin Whitney, 1st Lieut.; John Z. D. Vedelen, 2d 
Lieut; William Osterman, Ensign. 

These persons are to be obeyed and respected accordingly. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



ASSIGNMENTS. 

G. O.: Headquarters, New York, 19th November, 1812. 

The Commander in Chief hereby brevets David Landon, Cap- 
tain, Valentine Merrill, first Lieutenant, and Albert Goldsmith, 
second Lieutenant, in the Third Begiment of Artillery, until the 
pleasure of the Council of Appointment be known in the 
premises. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



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State Historian. 437 

G. O.: Headquarters, New York, 19th Nov'r, 1812. 

The Commander in Chief, pursuant to the authority vested in 
him by the 35th section of the militia law of 1809, hereby brevets 
and assigns Gilbert Horton, Captain, Jonathan Horton, Lieuten- 
ant, and Benjamin Hallock, Ensign, of a Company of Infantry 
Exempts, hereby organized in the town of Southhold, in the 
County of Suffolk, who are to be obeyed and respected accord- 
ingly. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
G. O.: Headquarters, New York, 19th Nov., 1812. 

Upon the recommendation of the respective Commandants of 
the Eighty-second, Eighty-fifth, and One hundred and twenty- 
fifth Regiments of Infantry, the Commander in Chief is pleased 
to assign and brevet William P. Turnbull an Ensign in the 
Eighty-fifth, Henry Phelps an Ensign in the One hundred and 
twenty-fifth, and John E. Gale an Ensign in the Eighty-second 
Regiment of Infantry, and to direct that they be severally recog- 
nized, respected and obeyed accordingly, until the pleasure of 
the Council of Appointment be made known in the premises. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 
G. O.: Headquarters, New York, Nov. 20th, 1812. 

The Commander in Chief is pleased to assign and brevet Dan- 
iel Sackett, William Mooers, and Henry McVickar, as Ensigns 
in Eighty-fifth Regiment, Tenth Brigade of Infantry, of which 
Regiment Edward W. Laight Esquire is Lieut. Col. Commandant. 
And his Excellency orders that the persons hereby assigned 
and brevetted, be obeyed and respected accordingly. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. , 



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428 Annual Report op the 

G. O.: Headquarters, New York, 20th Nov., 1812. 

The Commander in Chief is pleased to assign and brevet George 
K. McKay as Captain in a volunteer company to be raised un- 
der the act of Congress, entitled " An Act authorizing the Presi- 
dent of the United States to accept and organize certain volun- 
teer military corps." And his Excellency orders that the said 
George K. McKay be obeyed and respected accordingly. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, New York, 20th Nov., 1812. 

Stephen Thorne, having been elected, assigned and brevetted, 
on the 15th day of September last, as a second Lieutenant in 
the Regiment of Artillery commanded by Lieutenant Col. An- 
drew Sitcher, and he having officiated as such since that day; the 
Commander in Chief is pleased to confirm and announce the as- 
signment and brevet of the said Stephen Thorne, and to direct 
that he be obeyed and respected accordingly. 
By order of the Commander in Chief: 

William Paulding, Junior, Adjutant General. 

G. O.: Headquarters, New York, 21st Nov., 1812. 

The Commander in Chief does hereby brevet, in the Eleventh 
Begiment of Artillery, the following persons to the several offi- 
ces hereinafter named: 

Henry Morgan, First Major; John Fleming, Second Major. 

George Talcott, Peter H. Schenck, William W. Laight, Barent 
Andariese, Edward Rockwell, Captains. 

Francis Allyn, Joseph Houston, First Lieutenants. 

Charles Guion, Second Lieut; Peter C. Tappan, Surgeon's 
Mate. 



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State Historian. 429 

These officers are to be employed and respected accordingly, 
until the pleasure of the Council of Appointment shall be known 
in the premises. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, New York, 21st Nov., 1812. 

The Commander in Chief is pleased to assign and brevet Dan- 
iel Remsen as first Lieutenant in Capt. Varick's company; James 
Shaw as first Lieutenant in Captain Butler's company; John 
Woodward as first Lieutenant in Captain Bloodgood's Company; 
and Lemuel L. Skidmore as second Lieutenant in Captain Horn's 
company; the above companies belong to theaecond Regiment of 
Artillery. 

And his Excellency orders that the persons hereby brevetted 
and assigned, be obeyed and respected accordingly. 
By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp and Lt. Col. 

G.,0.: Headquarters, New York, 21st Nov., 1812. 

The Commander in Chief is hereby pleased to brevet William 
C. Rhinelander, second Lieutenant in Captain Brown's Company 
of the second Regiment of Artillery. 

By order of the Commander in Chief: 

William Paulding, JiA'r, Adjutant General. 

G. O.: Headquarters, New York, 24th Nov., 1812. 

The Commander in Chief hereby brevets David Miller Junior 
as Cornet in Captain Wilson's Company of Horse Artillery, in 
Lt. Col. Sitcher's Regiment. 

And whereas Walter Nichols, a private in the said company, 
having been drafted and detached for the service of the United 



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430 Annual Report op the 

States is hereby excused and discharged from that detachment, 
and will 9 therefore, hold himself in readiness to march with such 
company, whenever its services may be required. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O. : Headquarters, New York, 25th Nov., 1812. 

The Commander in Chief is pleased to assign and brevet Isaac 
Little, of the City of New York, as Captain of a company of 
volunteer Artillery, to be raised for the defence of the City and 
Harbour of New York. And his Excellency orders that the said 
Isaac Little be obeyed and respected accordingly. 
By order of the Commander in Chief: 

Robert Macomb, Aid-de-Oamp and Lt Col. 

G. O.: Headquarters, New York, 28th Nov., 1812. 

The Commander in Chief hereby brevets, to take rank from the 
28th day of June last in the first Regiment of Riflemen, Benja- 
min Timpson Captain, Charles Doane Lieutenant, and Enoch 
Walters Ensign, until the pleasure of the Council of Appoint- 
ment be known in the premises. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. . 

G. O.: Headquarters, New York, 28th Nov., 1812. 

At the request of Col. Paulding, the Commander in Chief is 
pleased hereby to brevet Casper W. Eddy, Surgeon, and Colden 
Cooper, and John J. Mitchell, Ensigns, in the Ninety-seventh 
Regiment of Infantry, until the Council of Appointment shall 
have signified its pleasure in relation thereto. Those officers 
are to be obeyed and respected accordingly. 
"* By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



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< State Historian. 431 

G. O.: Headquarters, New York, 28th Nov., 1812. 

Walter Robinson is hereby brevetted an Ensign in the One 
hundred and twenty-fifth Regiment of Infantry, until the pleas- 
ure of the Council of Appointment be known in the premises. 
By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 

G. O.: Headquarters, New York, 28th Nov., 1812. 

At the request of the Commandant of the Ninth Regiment of 
Artillery, Gerardus A. Cooper is hereby brevetted Surgeon's 
Mate therein, until the pleasure of the Council of Appointment 
in the premises be signified. 

By order of the Commander in Chief: 

William Paulding, Junior, Adjutant General. 

G. O.: Headquarters, Albany, Dec'r 1st, 1812. 

Whereas a number of persons, inhabitants of the town of Fa- 
bins, in the County of Onondaga, being exempted from militia 
duty, have associated themselves together, pursuant to the 36th 
section of the act organizing the militia of this State, the Com- 
mander in Chief is hereby pleased to organize the said associa- 
tion as a company of Infantry, and brevets and assigns Nathaniel 
Bacon as Captain, Elisha Fox as Lieutenant, and Jeremiah 
Smith as Ensign, of said company, who are to be obeyed and re- 
spected accordingly. 

By order of the Commander in Chief: 

J. W. Livingston, Aid-de-Camp. 

G. O.: Headquarters, Albany, Dec'r 1st, 1812. 

The Commander in Chief is hereby pleased to assign and brevet 
Joseph Stratton as Captain, Jeriel Root as first Lieutenant, and 
James Lamoree as second Lieut., in a volunteer company of Rifle- 



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432 Annual Report of the 

men to be raised under the Act of Congress entitled " An Act 
authorizing the President of the United States to accept and or- 
ganize certain volunteer military corps." And his Excellency 
orders that the said officers be obeyed and respected accordingly. 
By order of the Commander in Chief: 

J. W. Livingston, Aid-de-Camp. 



col. swartwout's troops having performed their duty are 
discharged with expressions of commendation from the 
commander in chief. 

G. O.: Headquarters, New York, Nov. 28, 1812. 

The uniform troops lately commanded by Lieutenant Col. Rob- 
ert Swartwout, having faithfully performed their tour of duty on 
the Southern frontier of this State, have been discharged with 
the flattering encomiums of the Commanding General and have 
returned into the body of the militia. In justice to the officers 
and soldiers of that meritorious corps and to his own feelings, the 
Commander in Chief announces his entire approbation of their 
patriotic conduct, and services, and his sincere thanks for their 
prompt and unanimous compliance with the first call of their 
country. That promptitude and unanimity, and their correct, 
orderly and soldierly deportment, and their assiduous attention 
to and extensive improvement in Military science, and in all the 
accomplishments and duties of the patriot soldier, have distin- 
guished them as generous and public spirited defenders of the 
nation, and entitle them to public applause and gratitude. 

By order of the Commander in Chief: 

William Paulding, Jun'r, Adjutant General. 



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State Historian. 433 

county of rensselaer organizes a new rifle company. 
G. O.: Headquarters, Albany, Deer. 4th, 1812. 

Upon the petition of forty-two persons residing in the County 
of Rensselaer, praying to be organized into an uniform Rifle Com- 
pany, and with the approbation and recommendation of the Com- 
mandant of the Battalion of Riflemen in said County, the Com- 
mander in Chief has concluded to organize the said company, 
and brevets and assigns Reuben Baboock, Junior, to be the Cap- 
tain, Ellis Foster to be the Lieutenant and Henry Frasey to be 
the Ensign thereof, which said persons are to be recognized, 
obeyed and respected accordingly, until the pleasure of the Coun- 
cil of Appointment in the premises may be expressed. 

The uniform of the said company will be the same as that of 
the company lately commanded by Henry Coon in said County. 
By order of the Commander in Chief: - 

Anthony Lamb, Aid-de-Camp. 



MAJOR RAPALJE ASPIRES TO BE A BRIGADIER. 

G. 0.: Headquarters, Albany, Deer. 5, 1812. 

Whereas Major Richard Rapalje, Inspector of the Thirtieth 
Brigade of Infantry, claims the right of being promoted to the 
office of Brigadier General of said Brigade, in preference to James 
Townsend Esquire, who has been appointed thereto, and the Com- 
mander in Chief, being desirous that right and justice should take 
place in the premises, has thought proper to institute a board 
of officers to investigate the relative rank and right to promotion 
of the said James Townsend and Richard Rapalje, and to report 
the facts touching the same with their opinion thereon. The 
said Board will consist of Brigadier General James W. Wilkin 

of the Artillery, as President, Lt. Col. George D. Wickham of the 
2& 



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434 Annual Report of the 

Cavalry, Lt. Col. James Tallmadge Junior of the Infantry, Lt. 
Col. Isaac Belknap Junior of the Infantry, Lt. Col. Nathan Myers 
of the Artillery, Capt. Randall S. Street of the Infantry, and Ad- 
j utant; Thomas J. Oakley of the Artillery . The Board will meet at 
Oakley's tavern in the town of Fishkill, on the twenty-second day 
of December instant, to hear and consider the allegations and 
proofs of the parties. Major Rapalje is charged with the duty of 
causing k copy of this General Order to 'be served on Brigadier 
General James Townsend, on or before the fifteenth day of De- 
cember instant, and with causing seasonable notice thereof also 
to be given to the members of the said board. 
By order of the Commander in Chief: 

Anthony Lamb, Aid*de-Camp. 



promotions. 
G. O.: Headquarters, Albany, Deer. 14, 1812. 

Dr. Samuel Field Junior, the late Surgeon's Mate of the de- 
tached Regiment of Artillery of the State of New York, having 
performed the duties of Surgeon's Mate until the absence of the 
Surgeon of said Regiment, and having since officiated satisfac- 
torily and been mustered as Surgeon thereof, the Commander in 
Chief is pleased accordingly to brevet and assign the said Samuel 
Field Junior as Surgeon of said detached Regiment of artillery, 
and directs that he be recognized, obeyed and respected accord- 
ingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 

G. O.: Headquarters, Albany, Deer. 15, 1812. 

The Commander in Chief, being informed that a company of 
Infantry can be raised by the following officers, to be attached to 



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State Historian. 435 

the volunteer regiment organized by General orders dated, Utica, 
October 2d, 1812, he is pleased accordingly to brevet the said offi- 
cers for that purpose, namely: Nehemiah Robinson for Captain, 
John J. Helmer for lieutenant, and Robert Hammill Junior fop 
Ensign, who are to be obeyed, recognized, and respected for the 
purpose aforesaid. 

By order of the Commander in Chief: 

John F. Bacon, Aid-de-Camp, P. T. 



CAPTAIN KELLOGG'S SCHOHARIE ARTILLERY COMPANY MUSTERED INTO 

SERVICE. 

G. O.: Headquarters, Albany, Deer. 19th, 1812. 

Captain Giles Kellogg*s Company of Artillery in Schoharie 
County having Volunteered their services to the President of the 
United States under and pursuant to the act of Congress passed 
the sixth day of February last and their services having been 
accepted, the Commander in Chief is under the necessity, pur- 
suant to a requisition for that purpose, of calling upon them for 
the protection and defence of the Inhabitants of the Northwestern 
Frontier of the State of New York. The time of service of a part 
of the Militia who are now guarding the said Frontier will expire 
with the present Month, and it is for the purpose of relieving 
them, and for the further protection of our fellow Citizens on that 
Frontier that the services of Captain Kellogg*s Company are now 
required. 

They will rendezvous and be mustered on Saturday, the twenty- 
sixth day of December instant at such place and hour as the Cap- 
tain shall appoint, at which time they will be supplied with 
blankets and Canteens. The whole will receive two months' pay 
in advance and the non commissioned Officers, Musicians and 



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43C Annual Eeport of the 

Privates will receive in addition, thereto, an advance of Sixteen 
dollars on account of allowance for clothing. The whole allow- 
ance to which they will be entitled on account of clothing (in- 
cluding the said sixteen dollars), will be as follows: 

Corporals and privates each $34 41 

Musicians 36 44 

Sergeants 37 85 

The company will march on Monday the 28th December Instant 
at Nine O'Clock in the morning, when the means of transporta- 
tion will be prepared for them. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



GENERAL* DEARBORN MAKES A REQUEST POR THE SERVICES OF WIL- 
LIAM L. MARCY AND OTHER NEW YORK OFFICERS. 

G. O.: Headquarters, January 12, 1813. 

Majors Guilford D. Young and Asahel Clark^ Captains Ira 
Gale, Oliver Lyon and John Moss Junior, and Lieutenants Lucas 
Goes, William L. Marcy, and Henry Spencer of the militia, upon 
the request of General Dearborn for that purpose, are hereby or- 
dered to continue, if they have not been discharged, and to re-enter 
the service of the United States, if they or any of them have been 
temporarily furloughed or discharged therefrom, and to remain 
therein until duly discharged. During which time they will be 
under the command and subject to the orders of Major General 
Dearborn, Commander of the Northern Army of the United States 
or of such other proper officers as he may direct. 

By order of the Commander in Chief of the State of New 

York: 

John F. Bacon, Aid-de-Camp, P. T. 



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State Historian. 437 

the rank question still agitated. 
G. 0.: Headquarters, Albany, Jany. 21st, 1812. 

Upon the request of Lieut. Colonel Jacob Snell, Commandant 
of the Nineteenth Regiment of Infantry, a Board of Officers is 
hereby organized to settle rank between Joseph G. Klock and 
Jacob Fox of said Regiment, and between such other Officers as 
shall be notified and submit contested claims of rank to the said 
board. The board will report the facts in each case with their 
opinion thereon to the Commander in Chief as soon as possible. 
Capt'n Archibald Mclntyre will be president of the said board, 
and Captain Robert Krous and Adjutant Peter Sternbergh mem- 
bers. The President will cause at least five days previous notice 
of the time and place of meeting of the said board to be given to 
the aforesaid parties. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



MORE VOLUNTEER COMPANIES. 

G. O.: . Headquarters, Albany, Jany. 29th, 1813. 

It being represented that Asa Ellis is disposed to raise a com- 
pany of Infantry Volunteers under the act of Congress passed 6th 
day of February, 1812, and will if brevetted as Captain thereof be 
able to organize said company, the Commander -in Chief with a 
view to encourage such patriotic endeavours hereby assigns and 
brevets the said Asa Ellis to be Captain of a Company of Volun- 
teers to be raised as aforesaid. The Subaltern Officers will be 
those whom the persons volunteering shall select and enlist under. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



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438 Annual Report of thb 

G. O.: Headquarters, Albany, Jany. 30th, 1813. 

It having been represented that a company of Volunteers of In- 
fantry for one year under and pursuant to the act of Congress 
passed 6th February, 1812, can be raised under the following offi- 
cers, the Commander in Chief is pleased hereby to assign and 
brevet the said Officers, to wit: Elias Benjamin Junior of Ger- 
man, Chenango County, to be Captain; Samuel Finch of the same 
place, First Lieutenant; John Fish of Cincinnatus, Cortlandt 
County, Second Lieutenant; and Henry Weaver of Pharsalia, 
Chenango County, Ensign of a Company of Volunteers as afore- 
said. So soon as the said Company shall consist of Fifty men 
and upwards, the Commandant thereof will cause notice to be 
given to the Commanding General of the Northern Department of 
the United States Army, who will direct the said company to be 
mustered and clothing or the allowance in money in lieu there** 
to be immediately advanced to them. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 
G. O.: Headquarters, Albany, February 4th, 1813. 

It having been represented that a company of Volunteers of In- 
fantry for one year under and pursuant to the act of Congress 
passed 6th February, 1812, can be raised under the following Offi- 
cers, the Commander in Chief is pleased hereby to assign and bre- 
vet the said officers, to wit: Jonathan Kellogg of Saratoga 
County, Captain; and Milton Bowers of the same place Lieutenant, 
of a Company of Volunteers as aforesaid. So soon as the said 
Company shall consist of Fifty men and upwards the Command- 
ant thereof will cause notice to be given to the Commanding Gen- 
eral of the Northern Department of the United States Army, who 
will direct the said Company to be mustered and clothing or the 



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State Historian. 439 

allowance in money in lieu thereof, to be immediately advanced 
to them. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



ANOTHER REQUISITION FOB TROOPS FOR SACKETT'S HARBOR. 

Albany, Feby. 6, 1813. 
Sir: I received a requisition from Major General Dearborn, 
to call you and three or four companies of volunteers into the ser- 
vice of the United States at Sackett's Harbour. The volunteers 
must consist of at least fifty men in each company and sign a 
Roll for sixty days at least, under such officers as they may choose 
and select, and upon producing such Boll to you, you are author- 
ized to assign the said officers to the said company and brevet 
them as such, and order the said officers and company into service 
at Sackett's Harbour, and take command of them. They will be 
allowed two days to go and two to return in addition to the time 
they may actually serve at the harbour. They will rendezvous on 
or before Monday the 22d day of February instant, at such places 
as you may appoint, and you will then proceed with them forth- 
with to Sackett's Harbour, and report yourself to the commanding 
officer of that station and obey his orders and directions. Both 
yourself and the Captains and Subalterns will receive the same 
pay as officers of the army of the same grade, and the non commis- 
sioned officers, musicians and privates of the corps will be entitled 
to the pay and rations allowed by law to the militia, according to 
the annexed act of Congress. 

I am, Sir, respectfully, 

Your ob't. sVt, 

Daniel D. Tompkins. 



Lt. Col. Rich'd Coxe. 



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440 Annual Report of the 

pox ranks klock. 
G. O.: Headquarters, Albany, 22d Feby., 1813. 

The Board of officers established by General Orders of the 20th 
day of January, 1813, having performed the duty imposed upon 
them by those orders, and having reported the facts and their 
opinion that Jabez Fox was entitled to and ought to have been 
promoted and commissioned as Captain of a Company in the 
Nineteenth Regiment of Infantry, to which Joseph G. Klock has 
been appointed, the Commander in Chief approves of the said 
Report and opinion and Confirms the same, and hereby dissolves 
the said board of officers with his thanks, for their prompt, in- 
telligent and faithful attention to the matters referred to them. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-De-Camp. 



BRITISH ATTACK OGDENSBTJRG. 

GEN. BROWN ORDERED TO THE FRONT THREE DAYS AFTER THE TOWN 
HAS BEEN CAPTURED BY THE ENGLISH AND PILLAGED. 

Albany, February 25, 1813. 
Sir: Having been informed that the State is invaded at or 
near Ogdensburgh in the County of St. Lawrence by the British 
Forces from Canada, I do, pursuant to the Militia Law of this 
State, hereby authorize and require you to repair to that Quarter 
with from five to seven hundred militia of your Brigade. You 
will take the command of them and of such other forces as may 
join you and repel the said Invasion and protect the Inhabitants 
of this State on that Frontier. You will call out one Lieutenant 
Colonel and three Majors as Field Officers, and apportion the 
number of Captains, Subalterns and Regimental Staff to the 
number of Militia who may turn out. You will report to me 



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State Historian. 441 

your proceedings under this order as often as possible and pro- 
ceed to execute it without a moment's delay. The State Cannon 
at Watertown or Sackett's Harbour is subject to your order as 
likewise the Military Stores in the State Arsenals. You must 
remember that receipts must be given to the keepers and a regu- 
lar account and disposition of them be rendered by your Quarter- 
master who will be held accountable for them. 

Yours respectfully, 

Daniel D. Tompkins. 
Genl. Jacob Brown. 



WAR IN FRONT AND ALSO IN THE RANKS. 

G. O.: Headquarters, Albany, 13 March, 1813. 

Whereas a controversy is represented to exist between Capt. 
Benjamin Seeley, Capt. John Clark and other Captains of the 
One hundred and twenty-first Regiment of Infantry of the State 
of New York, the Commander in Chief is pleased to institute a 
Board of Officers to settle the said Controversy. Brigadier Gen- 
eral Micajah Pettit is appointed President, and Lt. Col. Pliny 
Adams and Major Nathaniel Pitcher members of the said Board. 
The President will report the facts & the opinion of the Board 
thereon so soon after they have heard the proofs and allegations 
of the parties as may be convenient. The President wjU also ap- 
point the time and place for the said Board to meet and will cause 
the Members thereof, the Commandant of the said One hundred 
and twenty-first Regiment and the officers whose relative rank 
may be investigated and determined by or submitted to the said 
Board to be duly notified of such time and place of meeting. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



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442 Annual Report op the r 

THE SUFFOLK COUNTY FRONT LOOKED AFTER. 

G. O.: Headquarters, Sagg Etarbour,* May 1st, 1813. 

Brigadier General Rose will in case of invasion of any part of 
the County of Suffolk op other emergeny take the superintending, 
command and direction of all the Militia of said County, as well 
exempts as others who are hereby required to obey and fulfil all 
orders and directions they may receive from him. 

The Superintendent of the arsenal at Sagg Harbour is author- 
ized to deposit in the several exposed towns of Suffolk, not al- 
ready supplied upon the request of the Inhabitants thereof, and 
upon taking a bond to the People of this State with good and 
sufficient surety for the safe return thereof, arms, ammunition 
and Military Stores belonging to the State; provided General 
Rose shall deem and certify the same to be necessary and proper. 
In case of Invasion or other emergency the Exempts of South- 
ampton and other Towns may be supplied with arms and equip- 
ments from the arsenal, but for all articles delivered under this 
order to companies of Exempts the like Security above men- 
tioned must be taken and the like order of General Rose required 
unless upon a sudden alarm when there may not be time for the 
formality of taking Security or receipts as aforesaid. 

General Rose will call together the Field and Staff Officers of 
the moslteasterly Regiment of his Brigade and arrange with 
them the signals for alarm, the rallying points or places of Ren- 
dezvous upon an alarm, and the mode and places of arming and 

• In 1813 Sag Harbor was one of the most enterprising trading towns on Long Island. 
The town itself consisted of but 80 or 85 houses, but it was a port of entry and was 
thriving and growing. In spite of the anxieties and apprehensions of the average 
Long Islander, the town was never occupied by the British and only once was it 
exposed to attack and then the assailants were ignominiously routed, leaving behind 
them in their retreat, arms and accoutrements of war. Throughout the war Governor 
Tompkins maintained a detachment of New York militia at Sag Harbor. 

STATE HISTORIAN. 



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State Historian. 443 

equipping the Inhabitants, and will take all the other needful 
preliminary measures to repel any Invasion which may happen. 
Henry P. Dering Esquire, of Sagg Harbour will have the direc- 
tions of the Signals of any landing or attempts at landing near 
the village of Sagg Harbour until troops may be stationed at that 
village, and will please to communicate the signals he may adopt 
to Brigadier General Rose. In case of alarm the Inhabitants of 
Gardeners Island are excused from being called into actual ser- 
vice, but will be permitted to remain on the Island to defend 
themselves or take care of (thier) their families; and General 
Eose will give the requisite directions immediately to that effect 
and caused to be communicated to the Captain of the Company 
in which the Inhabitants of Gardeners Island may have been en- 
rolled. 

For the Commander in Chief: 

(Signed) R. Piatt, Comm'y Genl. of the S. N. T. 



RALLYING PLACES ALONG THE SOUTHERN FRONTIER IN CASE OF ALARM. 

G. O. Headquarters, New York, May 31st, 1813. 

The commandants of the several brigades of Infantry and of 
the Brigade of Artillery in the Southern District and the Com- 
mandant of the Brigade of Cavalry comprehending the South- 
ern District, are required without delay to fix upon places of 
rendezvous for the respective Regiments, Battalions and Com- 
panies within their respective Brigades and within the Southern 
District, preparatory to invasion or alarm, and to report the 
same in writing to Major General Stevens of the Artillery, the 
Senior Militia Officer in said District, who will without delay 
report the same to the Commander in Chief for the time being. 
The orders and directions of Major General Stevens in case of 



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444 Annual Report op the 

Invasion or alarm, will be implicitly obeyed by all Militia Offi- 
cers within the Southern District. 

By order of the Commander in Chief: 

Robert Macomb, Aid-De-Camp. 



TRANSFERS. < 

G. O.: Headquarters, May 31st, 1813. 

The Commander in Chief, with the consent and approbation 
of the Commandants of the One hundred and sixth and Eighty- 
fifth Regiments of infantry, is hereby pleased to transfer and 
assign Major Christian of the .One hundred and sixth regiment 
of Infantry to a Command in the Eighty-fifth, and Major Prall 
of the Eighty-fifth regiment of Infantry, to a Command in the 
One hundred and sixth. 

Brigadier General Steddiford will issue the requisite Brigade 
orders to carry this arrangement into execution immediately. 
By order of the Commander in Chief: 

Robert Macomb, Aid-De-Camp. 

G. O.: Headquarters, New York, June 26th, 1813. 

The Commander in Chief having been advised that it will 
promote the public good and accommodate the wishes and con- 
venience of the parties concerned that the troop of Cavalry in 
Oneida County, commanded by Captain Sanford Tracy be or- 
ganized into a Company of Horse Artillery, the said Troop is 
therefore hereby organized into a Company of Horse Artillery, 
under the following Officers who are hereby brevetted and as- 
signed as officers of said Company and are to be obeyed and re- 
spected accordingly: Sanford Tracy, Captain; Elihu Trowbridge, 
l6t Lieut.; Roswell Hart, 2d do; John Williams, Cornet. 



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State Historian. 445 

The said Company of Horse Artillery will until further di- 
rections obey the orders of Lieut. Col. Lynch of the Cavalry and 
be considered as attached to his Regiment of Cavalry and sub- 
ject to his orders, except for annual review; the said Company 
will parade under and pursuant to the orders of the Com- 
mandant of the Third Brigade of Artillery. The said Company 
will parade four times by Company in each year in addition to 
the parade for annual review. 

By order of the Commander in Chief: 

Robert Macomb, Aid-De-Camp. 



GEN. MARTIN RESIGNS HIS COMMISSION. 

G. O.: Headquarters, Albany, Aug't 2d, 1813. 

Brigadier General Solomon Martin having resigned his com- 
mission, and his resignation having been duly accepted by the 
Commander in Chief, the command of the Second Brigade has 
devolved on the Senior Lieutenant Colonel Commandant thereof, 
who is hereby directed to take upon himself the command of 
the said Brigade and is to be obeyed and respected accordingly. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-De-Camp. 



PROXIMITY OF THE BRITISH FLEET CREATES ALARM. 

AND GENERAL PREPARATIONS ARE MADE TO RALLY THE MILITIA AT 
THE SHORTEST NOTICE. 

G. O.: Headquarters, Albany, July 31, 1813. 

The Commander in Chief has received orders from the Presi- 
dent of the United States to call into service for the defence of 
the State of New York, a portion of the Militia thereof, under and 
pursuant to the Act of Congress passed 28th February, 1795, and 



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446 Annual Report op the 

the Act supplementary thereof passed February 2nd, 1813. The 
following detachments of Intfiantry will therefore, be made, and 
organized, by the respective Commandants of Brigades without 
a moment's delay, so that they may be in readiness to assemble 
at places of rendezvous (to be prescribed in future orders) by the 
sixteenth day of August now next: 

From the Fortieth Brigade of Infantry, including Officers. . 500 

From the Sixteenth " " 350 

From the Seventeenth " " 300 

From the Eighth " " 400 

From the Ninth " " 500 

From the Twelfth " " 500 

From the Fourteenth " " 250 

From the Nineteenth " " 400 

From the Twentieth " " 500 

From the Twenty-third " " 350 

From the Thirtieth " " 250 

From the Thirty-first " " 250 

From the Thirty-fourth " " 400 

The Second Regiment of Riflemen, commanded by Lieutenant 
Colonel Samuel M. Lockwood; the Sixth Regiment of Artillery, 
commanded by Lieutenant Colonel Cooley; together with Capt'n 
John B. Yates' Uniformed Corps of Schenectady; Capt'n Chaun- 
cey Humphrey's troop of Cavalry of Albany; all the companies 
of Light Infantry, Grenadiers and Riflemen within the Counties 
of Dutchess, Orange, Ulster, Sullivan, Columbia, Greene, Al- 
bany, Schenectady, Saratoga, Rensselaer, Washington, Warren, 
Essex, Clinton and Franklin, excepting those companies which 
were in service in 1812, will likewise be in readiness to enter the 
service by the said Sixteenth day of August next. 



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State Historian. 447 

But should any of the Independent Corps which were in ser- 
vice in 1812, or any Company of Exempts, or other Association, 
tender their services, they are to be accepted and organized with 
officers of their own choice, by the respective Commandants of 
Brigades to whom the offer may be made. No substitute ought 
to be received, unless he shall be provided with sufficient cloth- 
ing for three months, independent of military equipments. Every 
Soldier must furnish and take with him a Musket or Rifle, Knap- 
sack, Cartridge-Box, Canteen, three Flints and a Watch coat. 

Those who are unable to equip themselves with Muskets, Car- 
tridge-Boxes, Knapsacks or Canteens, will be supplied from the 
public deposits. The Militia who actually served for six months, 
during the last year, will be excused upon this occasion, by pro- 
ducing proper discharges, or other evidence of such service. The 
respective Commandants of Brigades will report to the Com- 
mander in Chief immediately the most proper places of rendez- 
vous within their respective brigades, that the same may be an- 
nounced in general orders. The Militia thus detached, will be 
organized into Companies of one hundred, including one captain, 
two Lieutenants and two Ensigns to each company. The Com- 
panies will be formed into Regiments of one thousand men, as 
near as may be, including officers, with two Lieutenant Colonels 
and two Majors, as Field Officers of each; and the said Regiments 
will be formed into three Brigades; (Major General Mooers will 
have the immediate command of the whole detachment subject 
to the orders and directions of the Commander in Chief.) 

Brigadier General Reuben Hopkins of Orange, Brigadier Gen- 
eral Samuel Haight of Greene, and Brigadier General Daniel 
Wright of Essex, will command the respective Brigades; and 
Lieutenant-Colonels John Prior and Guert Van Schoonhoven of 



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448 Annual Report of the 

Saratoga; James Green and Hendrick Van Schaick of Washing- 
ton County; John T. Van Dalgen of Albany County; Abraham I. 
Hardenburg of Ulster, James Tallmadge Jun'r and Abraham 
Van Wyck of Dutchess County; Samuel M. Lockwood of Al- 
bany; and Gilbert Eddy of Rensselaer are assigned as Lieutenant 
Colonels. 

The Majors will be assigned by the Commandants of Divis- 
ions by which the troops are furnished, in the following manner: 

One Major from the Fortieth Brigade. 
One " " Sixteenth " 

Two Majors " Seventeenth " 
One Major " Eighth " 

Three Majors from the Twelfth Brigade. 
One Major " Twenty-third " 
One " " Thirty-flrst " 

The Captains and Subalterns will be assigned by the Com- 
mandants of Brigades. 

The Independent Uniform Corps will be commanded by their 
own Officers, or by so many of their own Officers as will be in 
proportion to the number of men; and it must be understood, 
that if upon arrival at the places of rendezvous, the officers of 
any Corps be more than in proportion to the number of Men 
present, the supernumeraries are to be dispensed with either by 
agreement or by lot. 

If the Troops hereby required to be in readiness shall enter 
the service of the United States, they will not be liable to serve 
a longer period than three months, from the time of their arrival 
at the place of rendezvous, and will probably be discharged be- 
fore the expiration of that period. They will receive the same 



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State Historian. 449 

camp equipage, rations, pay and other accommodations, as are 
provided for the army. 

The Commander in Chief has the utmost confidence that there 
will be great alacrity manifested by all the officers, Non-com- 
missioned Officers and Privates, to comply promptly with this 
General Order and preserve the high reputation of the Militia 
of the State of New York; and that they will eagerly embrace 
the opportunity now offered of manifesting their patriotism, by 
cheerfully undertaking a short tour of Military duty for its de- 
fence and welfare. 

By order of the Commander in Chief: 

Solomon Van Rensselaer, Adjutant General. 



THE TWENTY-NINTH BRIGADE TAKES TIME FOR A PARADE. 

G. O.: Headquarters, Albany, August 26, 1813. 

It having been represented to the Commander in Chief by the 
General commanding the Twenty-ninth Brigade of Infantry, tjiat 
it is the wish of the Officers generally of the Regiments compos- 
ing the same, that a Brigade parade should take place some time 
in the month of September or beginning of October next; it is, 
therefore, ordered, that the whole of the Twenty-ninth Brigade 
do assemble and parade together in September or October next 
on a day and at a place in Rockland County to be appointed by 
Brigadier General Van Orden. All the Artillery, Cavalry, Rifle- 
men, and other Uniform Corps of said County upon being noti- 
fied will parade at the same time and place and for that parade 
be subject to the orders of Brigadier General Van Orden. 
By order of the Commander in Chief: 

Stephen Lush, Junior, Aid-De-Camp. 
29 



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450 Annual Report op the 

lieut. col. john bleeckj5r before a court op inquiry. 
G. O.: Headquarters, Albany, August 27th, 1813. 

WHEREAS, complaints have been exhibited in writing by 
oommissioned officers of the ninth Regiment of Artillery against 
Lieut Col. John Bleecker, Commandant of said Regiment, of 
improper and degrading conduct as a Major of artillery before 
he was brevetted as Lieut. Col. Commandant of said Regiment; 

And Whereas, a number of commissioned officers of said 
Regiment have also presented their resignations in writing, as- 
signing as reasons therefor, the said supposed improper conduct 
of the said John Bleecker; 

And Whereas, the said complaints and resignations have 
been referred by Brigadier General Morton to the Commander 
in Chief to determine and proceed thereon; 

And Whereas, to enable the Commander in Chief to de- 
cide upon the propriety of approving the said resignations and to 
do justice to the respective parties in relation to the subjects of 
cdmroversy and complaint, he is pleased, upon the said written 
complaints so referred to him as aforesaid and upon the personal 
application of the said John Bleecker, to institute a Court of en- 
quiry to investigate the conduct of the said John Bleecker in 
relation to all the matters complained of by the commissioned 
officers as aforesaid. The Court will consist of Brigadier Gen- 
eral Gerard Steddiford, Lieut. Cols. Jonas Mapes, Edward W. 

Laight, and William Paulding Junior, and Charles , 

Captain and Aid-De-Camp to the Quartermaster General. Major 
William B. Crosby will act as Judge Advocate, and Brigadier 
General Steddiford as President of the Court. The Judge Advo- 
cate will cause Majors John Minuse and Daniel D. Smith, Cap- 



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State Historian. 451 

tains Richard Kingsland, Aaron Levy, Daniel E. Dunsoomb, 
Jacob Antony, Valentine Luflf, Alexander M. Muir, William Hal- 
stead and L. Van Dyck Junior of the ninth Regiment of Artillery, 
or a majority of them to be notified forthwith of the appointment 
of this court and will require them within two days thereafter to 
present to him the complaints which have been alleged by them 
against the said John Bleecker, in the shape of specific charges, 
which charges the judge advocate will exhibit to the Court at its 
first meeting and a copy of which charges he is required to serve 
on Lieut. Col. Bleecker at least two days before the meeting of 
the Court unless he shall waive that privilege. 

The Court will convene at Coleman's Tavern in the City of 
New York on the 6th day of September next at ten O'Clock in 
the forenoon to hear the evidence which may be offered touch- 
ing the charges exhibited as aforesaid or such of them as the 
Court may deem cognizable and proper to be investigated. The 
President of the Court will report the facts with the opinion of 
the Court thereon to the Commander in Chief without delay. 
In case either of the members cannot be notified in season on 
acc't of absence from New York, or cannot attend on account of 
sickness, their place will be supplied by the President of the 
Court with Lieut. Col. Joseph Blackwell of the Infantry, Major 
James Warner of the Cavalry or Major Horatio G. Stevens of 
the artillery, who are named as supernumeraries to supply 
vacancies and will be notified by the Judge Advocate accord- 
ingly. ! 

By order of the Commander in Chief: 

Sol. Van Rensselaer, Adjutant General. 



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452 Annual Report of the 

another general rendezvous ordered. 
G. O.: Headquarters, Albany, August 25th, 1813. 

In pursuance of a requisition made by authority of the Presi- 
dent of the United States, the commandant of the seventh Divi- 
sion of Infantry is hereby ordered forthwith to detach and have 
in readiness for immediate actual service the following number 
of men, exclusive of officers, non commissioned officers and Musi- 
cians, from the following Brigades of his Division: 

500 from the Seventh Brigade. 
300 " Twenty-fourth Do. 

300 " Thirty-ninth Do. 

300 " Thirty-eighth Do. 

250 " First Do. 

together with three light Infantry companies and three Rifle com- 
panies each to consist of one Captain, two Lieutenants, and two 
Ensigns, five Sergeants, six Corporals, two Musicians and ninety 
Privates; the Infantry companies are to be organized by the Major 
General with a like number of Officers, Non Commissioned Officers 
and Musicians and Privates. The light Infantry will be formed 
into a Battalion under the command of a Major of Infantry to be 
assigned by the commandant of the Division which Battalion, 
with that of Artillery will form one Regiment to be commanded 
by Lieut. Col. George Fleming of Cayuga County. The four com- 
panies of Riflemen will be attached to the Regiment of Infantry 
or to be organized into a Separate Battalion at the discretion of 
the commanding officer of the detachment. The commandant of 
the Third Brigade of Artillery is hereby required to furnish from 
that part of his brigade contained in the Counties of Onondaga, 
Cortland, Cayuga, Tioga, Seneca, Steuben, Ontario and Genesee, 



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State Historian. \ 453 

360 men, exclusive of officers, Non-commissioned officers and 
musicians and to organize them into four companies, each to con- 
sist of one Captain, two first Lieutenants, two second Lieuten- 
ants, five Sergeants, six Corporals, two Musicians and ninety 
privates, and into one Battalion to be commanded by Major 
Samuel Adams of the Seventh. 

Each non-commissioned Officer, Musician and Private will 
appear at the place of rendezvous with a Musket and cartridge- 
box, or with a Rifle and pouch and with a Knapsack, Canteen, 
Blanket and Watch coat, and those of the artillery, Light Infantry 
and Riflemen are to be uniformed and equipped according to Law. 

The Commandant of the Third Brigade of Artillery may require 
entire companies (which have not heretofore been in Service) to 
be in readiness as part of this requisition, or may detach them by 
draft, or accept Volunteer Corps, as he may deem most con- 
venient and most likely to insure a prompt compliance with this 
order. 

The Infantry detachment will be organized into two Regiments, 
each of which will have two Lieutenant Colonels and two Majors 
as Field Officers. Lieut. Cols. Henry Bloom and Hugh W. Dobbin 
are assigned to the first Regiment; and Lieut. Colonels Philetus 
Swift and Caleb Hopkins to the second. Each of tne Command- 
ants of the Seventh, Twenty-fourth, Thirty-eighth and Thirty- 
ninth Brigades will select and nominate to the Commandant of 
the Division, One Major and the Commandant of the Division will 
organize the detachment of Infantry into two Regiments with 
the field officers so named and assigned. 

The troops from the Seventh and Thirty-eighth Brigades of 
Infantry will form the first; and those from the First, Twenty- 
fourth and Thirty-ninth, the second Regiment of Infantry. 



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454 Annual Report op the 

The captains and Subalterns will be selected and assigned by 
the Commandants of Brigades. 

If Companies or other Corps of Artillery, Light Infantry, Gren- 
adiers, Riflemen or Exempts, shall offer their Services, or shall be 
ordered into Service in a body, they will be commanded by their 
own officers or by so many of their own officers as will be in 
proportion to the number of men. The companies of Exempts 
in the before-mentioned Counties are hereby placed under the 
command of the Major General of the Seventh Division for the 
purpose of complying with this requisition. The whole detach- 
ment will form one Brigade, to the command of which Brigadier 
General George McClure of Steuben County is assigned. 

The Drafted Militia and members of Volunteer Corps who were 
ordered out and actually served during the year 1812, and who 
were honorably discharged during or at the end of the term of 
service, or were f urloughed or paroled, are exempted from this 
requisition. In all cases of former service by substitutes, the 
principal and not the substitute will be excused. 

No Surgeon's certificate will be conclusive as to the ability of 
an individual to perform duty, or as to his liability to be detached, 
for service, unless countersigned by the commandant of the Com- 
pany to which the individual may belong and by one Field Officer 
of the Regiment. All officers will be held rigidly responsible for 
the faithful exercise of this discretion. 

The Senior Lieut. Col. of the respective Regiments of the De- 
tachment will select their Regimental Staff Officers to consist of 
one Adjutant, one Quartermaster, one Paymaster, one Surgeon 
and two Surgeon's mates, together with one Sergeant Major, one 
Quartermaster Sergeant, and 2 Senior Musicians. 



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Statu Historian. 455 

One Brigade Inspector, one Brigade Chaplain and one Aid-de- 
Camp will be appointed by General McClure. 

This detachment is required, conformably to the act of Congress 
passed 28th Pebry. 1795, and the act supplementary thereto, and 
will not be liable to serve a longer period than 3 months from the 
time of arrival at places of rendezvous. The troops will supply 
themselves with provisions until their arrival at the rendezvous 
and will be entitled to draw back rations and pay therefor at 
the rate of fifteen miles per day in travelling thereto, from their 
respective places of Residence. The time and places of rendez- 
vous with the destination of the troops and the service to be re- 
quired of them will be announced in future Gen'l orders. 

The patriotism displayed by the militia of the western District 
of this State on all former occasions, gives the Commander in 
€hief the utmost confidence that this General order will be exe- 
cuted with the utmost promptitude and zeal. 
By order of the Commander in Chief: 

Sol Van Rensselaer, Adjut. Genl. 

G. O.: Headquarters, Albany, August 28th, 1813. 

The Militia Detachment mentioned in General Orders of the 
25th Instant, is directed to enter the service of the United States 
and rendezvous for that purpose at the times and places follow- 
ing: 

The troops of every description to be furnished by Cayuga 
County will assemble on Monday the sixth day of September next 
at ten o'clock in the forenoon at such place or places as shall be 
named by Brigadier General Tillotson of the Infantry. 

The detachment from Seneca County will meet on Tuesday 
the Seventh day of September next at 10 O'clock in the forenoon 



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456 Annual Report op the 

« 

at a place or places to be designated by the Commandant of the 
Thirty-eighth Brigade of Infantry. 

The requisition from the Steuben Militia will rendezvous on 
Tuesday the Seventh day of September next at 9 O'Clock in the 
forenoon at a place to be appointed by Brigadier General Mc- 
Clure. 

The Ontario Militia of every description will assemble on the 
Ninth day of September next at 10 O'Clock in the forenoon at 
places of rendezvous to be appointed by Major General Amos 
Hall; and the Artillery from Tioga on one of the days above 
mentioned, at such place as Lieut. Col. Walter Grieve of the Artil- 
lery shall direct. 

The Artillery of Onondaga and Cortland counties will not ren- 
dezvous for the present, but will continue prepared to march on 
the shortest notice. The Brigadier General of the Third Brigade 
of Artillery is requested to order the detachment from his 
Brigade to assemble on the days before mentioned, and at the 
places to be selected by the Brigadiers of Infantry. The Artillery 
Corps will not take their field pieces with them but will be sup- 
plied at the frontier post to which they are destined. 

The Assistant Commissary of the Western District will repair 
immediately to the Arsenals at Canandaigua and Batavia and 
will exert himself to complete the equipment of the Corps now 
ordered into service with every needful article of which it may be 
deficient. 

Major Samuel Edmonds is assigned as District Paymaster of 
the Militia detached from the Western District; John F. Bacon 
as Brigade Quartermaster and Stephen Lush Junior as Judge 
Advocate. Major Edmonds will act as Brigade Quartermaster 
until Mr. Bacon shall join the Brigade. The Quarter and Pay- 



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State Historian. 457 

master will enter into bonds with sufficient sureties in the pen- 
alty of |15,000 each conditioned for the faithful execution of the 
trust reposed in them, and will likewise take and Subscribe an 
oath to demean themselves diligently and honestly in their 
respective offices. 

The Commissioned Officers of the detachment are Strictly 
charged to devote themselves to the duties of organizing and dis- 
ciplining their several Corps and promoting the health, comfort, 
and usefulness of the troops committed to their care. 
By order of the Commander in Chief: 

Sol Van Rensselaer, Adjt. General. 

G. O. : Headquarters, Albany, Sept. 1st, 1813. 

The Commander in Chief having formed the detachment of 
Militia required by General Orders of the 31st July last, into one 
Division and into Brigades and Regiments, as specified in the 
annexed organization (See organization page 446 post) directs 
that the first Brigade thereof, excepting therefrom the Uniform 
Companies of the Fourteenth, Seventeenth, Nineteenth, Thirtieth 
and Fortieth Brigades, do rendezvous for service, in detach- 
ments, at the times and places following: 

The Companies of Grenadiers, Light Infantry and Riflemen of 
the Thirty-fourth Brigade at New Burgh, on the 8th day of Sep- 
tember ?nstant at 10 O'CIock in the forenoon; those from the 
Twentieth Brigade on the same day and hour at or near Rhine- 
beck Landing, the particular spot to be appointed by General 
Heermance; those from the Twenty-third Brigade at Kingston 
on the 9th day of September at 10 O'Clock in the forenoon, or at 
such other place or places as General Westbrook shall direct; 
those from Greene county on the 9th at the same hour, at Athens 
or Coxsackie, or part at each place as may be required by Brig'r 



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458 Annual Report of thb 

General Haight; companies of the Sixth Regiment of Artillery, 
which belong to Columbia, and the Light Infantry, Grenadiers 
and Rifle Corps of that county, will rendezvous on the 9th day of 
September, at 10 O'Clock in the forenoon at the village of Kin- 
derhook; the Companies of Artillery, Light Infantry and Grena- 
diers of Rensselaer County, will assemble on the 10th of Septem- 
her at 10 o'Clock in the forenoon, on the open field immediately 
south of the old Bank, between Lansingburgh and Troy; Col. 
Lockwood's Regiment of Riflemen, and Capt'n Yates' Corps of 
Horse Artillery, will assemble at such time and places as the 
respective commandants of said Corps may direct, so that they 
may be at the Village of Waterford in Saratoga County, on the 
11th of September, at 10 O'clock in the forenoon, at which time 
and place the other Uniform companies from the Thirty-first 
Brigade will also appear. That portion of the Sixth Regiment 
of Artillery which is in the south Brigade of Washington County 
(Sixteenth), together with the Companies of Light Infantry, 
Grenadiers, and Riflemen of the said Brigade, will rendezvous on 
Monday the 13th of September at 10 O'Clock in the forenoon, at 
such place as Brigadier General De Bidder shall direct; and the 
Light Infantry, Grenadiers and Riflemen of Saratoga County, 
will rendezvous on the 11th at 10 O'Clock in the forenoon, either 
at Waterford, the place of general rendezvous, or at such other 
place as Brigadier General Clark may prescribe in brigade orders. 
It is requested that the Commandants of Brigades from which 
the several detachments are made, attend at the places of rendez- 
vous of the troops from their respective brigades, to see to their 
accommodation and organization, and to determine all appeals 
to them with respect to excuses and discharges. The Command- 
ants of companies are authorized, with the consent of the Briga- 



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State Historian. 459 

dier or Field Officer of his regiment, to excuse and exempt all 
members of their corps, except substitutes, who are extremely 
indigent, or are infirm, or whose families would be distressed by 
their absence from home; but they will be held responsible for 
an impartial, upright and discreet exercise of this authority. Sur- 
geon's certificates will not be received as conclusive or binding 
in any case, as to inability; but the Commandant of the Com- 
pany and General or Field-Officer, will be careful to examine 
into the grounds of such certificate. The Commandants of 
Brigades are also authorized to except from this call all com- 
panies organized within one year past, which he may be satisfied 
have not twenty men in uniform and equipped according to law, 
including officers; but they are strictly charged to report all com- 
panies, excused under this discretion, at the end of the year from 
the date of the Captain's commission, for disbandment, if they 
shall not then contain the number of men required by law, uni- 
formed and equipped in all respects. 

Every Non-commissioned officer, Musician and private will ap- 
pear armed and equipped according to law and with a Watch- 
Coat and blanket. 

The Troops will supply themselves before leaving home, or 
before embarking for Albany, with five days' provisions, and will 
be entitled to draw back rations therefor upon or after their arri- 
val at Waterford. The whole of the detachment south of Wash- 
ington and Saratoga counties will repair to Waterford, in Sara- 
toga County, without a moment's delay. Means of transportation 
will be furnished at the respective places of rendezvous, but camp 
equipage and deficient equipments will not be supplied until their 
arrival at Waterford. That portion of the Brigade to be as- 
sembled at Waterford, will there be mustered and inspected, and 



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460 Annual Report of the 

will receive pay according to that inspection. The general and 
Field-Officers of the detached Brigade now called into service, will, 
respectively, attend at some one of the places of rendezvous, to 
assist in providing for and organizing the troops there assembled. 

The Drafted Militia and members of Uniform Companies who 
were ordered out during the year 1812, and who were honorably 
discharged during or at the end of service, are exempted from 
this call. In all cases of substitutes, the principal and not the 
substitute will be exempted. 

Brigadier General Hopkins is authorized to select for himself 
one Brigade Major and Inspector, one Brigade Chaplain and 
one Aid-De-Camp. The senior Lieutenant Colonels of each Regi- 
ment of Infantry of the detachment will select and assign an 
Adjutant, Quartermaster, Paymaster, Surgeon, two Surgeon's 
Mates, a Sergeant Major, and two principal Musicians, for their 
respective regiments; and will be in readiness to rendezvous 
with their respective Regiments at a moment's warning, if it 
should hereafter become necessary. 

By order of the Commander in Chief: 

Solomon Van Rensselaer, Adjt. Genl. 



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State Historian. 



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462 Annual Report op the 

militia op the central counties op the state ordered into- 

THE SERVICE OP THE UNITED STATES. 

G. O.: Headquarters, Albany, Sept. 4, 1813. 

Pursuant to a requisition duly made for that purpose, a de- 
tachment of the Militia of this State in the Counties of Mont- 
gomery, Madison, Otsego, Herkimer, Oneida, Onondaga, Jeffer- 
son and Lewis is hereby ordered to enter the service of the 
United States for the defence of the frontiers, on Tuesday the 
14th day of September Inst, at 10 O'clock in the forenoon at 
places to be appointed as hereinafter mentioned. 

The number required from each Brigade of Infantry, and f ron* 
each Regiment of Artillery, with the organization in part, is 
specified in a Schedule annexed to this General Order. The 
Major General of the Fourth Division of Infantry will nominate 
one Lieut't Colonel of the Eleventh Brigade of Infantry; the 
Major General of the Fifth Division, one Lieut. Col. of the 
Twenty-first or Twenty-sixth Brigade of Infantry, one Major of 
the Fourth Brigade, and one Major of the Twenty-first Brigade, 
which Lieut. Cols, and Majors will be the Field Officers of the 
first Regiment of the detachment. The General of the Sixth 
Division will appoint one Lieut. Colonel, and one Major of the 
Thirty-fifth Brigade of Infantry, one Major of the Second and 
one Lieut. Colonel of the Twenty-seventh, which said last men- 
tioned Lieut't Colonels and Majors will be the Field officers of 
the Second Regiment of the detachment. 

The Artillery will form a separate Corps, with Lieut. Colonel 
E. H. Metcalfe, of Otsego, and Major Peter C. Fox, of Mont- 
gomery, as Field Officers. 

The Senior Lieut't Cols, of the respective Regiments of the 
detachment are authorized to select from their respective Regi- 



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State Historian. 463 

ments, an Adjutant, Quartermaster, Paymaster, Surgeon, Sur- 
geon's Mate, and Sergeant Major. The whole detachment will 
form one Brigade to the command of which Brigadier Genl. 
Oliver Collins of Utica, is assigned. He is authorized to select 
a Brigade Major, Chaplain, and Aid-De-Camp, and two Wagon- 
masters, one Assistant Forage-master, and one Deputy Barrack- 
master. Samuel Campbell of Columbus, is appointed Quarter- 
master, Samuel Whittlesey of Watertown, Paymaster, and 
Aaron Hackley Junior of Herkimer, Judge Advocate of the De- 
tachment. 

The detachment is required, under authority of the Act of 
Congress, passed 28" February, 1795, and will not serve a longer 
term than three months. 

The General Rendezvous will be at Martinsburgh, Lowville or 
Champion, as may be determined by Genl. Collins, the Com- 
mandant of the detached Brigade. The places of special or 
county rendezvous will be assigned as follows: for the Artillery 
of Otsego County, by Lieut. Col. Metcalfe, and for the Infantry 
and Light Infantry of Otsego, by the Commit of the second 
Brigade of Infantry. In Madison the rendezvous of Infantry 
and Light Infantry will be appointed by the Commandant of 
the 35" Brigade of Infantry, and that of the Artillery by Brig'r 
General Kirkland. 

In Onondaga the place of particular rendezvous will be se- 
lected by the Comm'dt of the Twenty-seventh Brigade of In- 
fantry. The Infantry and Light Infantry and Riflemen of 
Oneida, and Capt'n Jenning's Company of Horse Artillery will 
assemble at such place or places as Brig'r Gen. Collins may re- 
quire, and the Artillery of Oneida County will meet, conform- 
ably to orders to be issued by Brigadier Genl. Kirkland. The 



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464 Annual Report of the 

rendezvous for the Artillery of Montgomery County will be ap- 
pointed by Lieut. CoFl Henry B,. Teller, and that of the Infantry 
and Light Infantry by the Comm'dt of the Eleventh Brigade of 
Infantry. 

The Infantry of Herkimer will meet pursuant to orders of the 
Comm'dt of the Twenty-first, and those of the 26" pursuant to 
orders of the Comm'dt of that Brigade. The detachment from 
the Fourth Brigade of Infantry will not be required to take the 
field until directed by future orders of Brig'r Genl. Collins. 

The several officers before mentioned are requested to estab- 
lish the places of assembling as far towards that of the General 
Rendezvous as the convenience of the county detachments will 
permit. 

The Artillery, Light Infantry, and Riflemen will appear com- 
pletely uniformed and equipped, according to law. 

The former will be supplied with ordnance, field pieces and 
implements at the place of their destination. 

The troops when assembled in Counties will move without a 
moment's delay towards the place of General Rendezvous. Every 
noncommissioned officer, musician and private, except of Artil- 
lery, will appear furnished, according to law, with a musket or 
rifle, cartride (sic) box or pouch, Knapsack, canteen, blanket 
and watch-coat, and with three days' provisions cooked, and will 
be entitled to draw back rations at Herkimer, Utica or the place 
of General Rendezvous. 

If provisions should not be supplied by the Contractor or his 
Agents, the Commanding officer at each place may procure them 
of other persons at the contract price, and if tents and camp 
equipage should not be furnished previously to the arrival of the 
troops at the place to be designated for General Rendezvous, the 



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State Historian. 465 

brig'r and Reg'r Q'rmasters will cause the troops to be otherwise 
accommodated and provided for on their march. 

Volunteer corps, either of Infantry, Artillery, Light Infantry, 
Riflemen or exempts, are to be accepted by the different Com- 
mandants of brigades as part of the detachment now required. 
By order of the Commander in Chief: 

Sol. Van Rensselaer, Adjt. Genl. 

30 



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466 



Annual Report of the 



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State Historian. 467 

delinquent oourt-mabtial ordered. 
G. O.: Headquarters, Albany, 16" Sept. 1813. 

Brigadier General Reuben Hopkins, Commandant of the first 
Brigade of a Division of detached Militia of the State of New 
York, recently order'd into the service of the United States (Pur- 
suant to certain acts of Congress passed 28th February, 1795 
and 2nd February, 1813), is authorized and required to institute 
and organize a Court Martial to consist of not less than five nor 
more than thirteen commissioned officers of said Brigade to as- 
sess, adjudge and determine whether any, and if any, what fines 
and forfeitures ought to be assessed and levied against all com- 
missioned officers, non-commissioned officers, musicians and pri- 
vates organized in said Brigade, and order'd into the service 
of the United States under the Acts aforesaid and who without 
reasonable or legal causes and excuses, have failed, neglected or 
refused to rendezvous and enter the service of the United States, 
as required by orders for what purpose. The Brigadier will also 
appoint the time and place of meeting of the said Court and will 
give such fuTther directions touching the premises as may be 
neoessary and proper; , 

By order of the Commander in Chief : 

■ Anthony Lamb, Aid-de Camp. 



THE GOVERNOR PRAISES THE TROOPS THAT WERE ORDERED TO 

PLATTSBURG. 

Q. O.: Headquarters, (Albany) 18th Sept., 1813. 

The Commander in Chief cannot part with the excellent «Corps 
of uniform troops which has this day commenced its march to 
Plattsburgh for the defence of our brethren in that Quarter, 



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468 Annual Report of the 

without expressing in orders his high satisfaction with iheir 
appearance and conduct. The alacrity with which they have 
commenced this short tour of duty added to the manner in which 
they have conducted during their encampment at Waterford, 
and their fine and soldierly appearance this day during review 
and on their march, reflects great honor upon the officers and 
soldiers of the Corps and upon the State of New York, and re- 
ceives the particular praise and thanks of the Commander in 
Chief. He requests Brigadier General Hopkins to announce the 
same to the detachment under his command. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



ANOTHER DELINQUENT COURT. 

G. O.: Headquarters, Albany, 26" Oct., 1813. 

The Commandants of the several companies of Light Infantry, 
Grenadiers and Riflemen ordered into service by General orders 
dated the first day of September last, are directed forthwith to 
transmit to the Commandant of the Brigade from which such 
company was detached, a correct Muster Roll of the Company 
duly certified, specifying upon such Roll or on a schedule to be 
annexed, who were excused and the causes thereof; who were 
delinquents, and what notice was ordered to be given, or actually 
given to each member of such company and by whom. The 
respective Brigadiers of the Counties to which said companies 
may belong will transmit the Said Muster Rolls and Schedules 
without delay to the Commander in Chief: 

By order of the Commander in Chief: 

Anthony Lamb, Aid-De-Camp. 



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State Historian. 460 

another dispute over rank. 
G. O.: Headquarters, Albany, 25th Nov'r. 1813. 

The Commander in Chief hereby organizes a Board of Officers 
to settle rank between Capfn Charles Graham of the One hun- 
dred and twenty-fifth Regiment of Infantry and Capt'n Edward 
L. Schieffiin of the Eighty-first. Brigadier General Morton of 
the Artillery, Lieutenant Colonels Edward W. Laight and Jasper 
Ward of the Infantry, Major Warner of the Cavalry, and Major 
Minuse of the Artillery, will form the board. General Morton 
will be president of the Board, will appoint the time and place of 
its meeting and will notify the members and also Brigadier Gen'l 
Mapes thereof. Gen'l Mapes will notify the officers whose rank 
is to be decided of the time and place of the meeting of the board. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-De-Camp. 



THE THIRD REGIMENT OF ARTILLERY CONVERTED 
INTO TWO REGIMENTS. 

AND THE NEW ORGANIZATION EVENTUALLY BECOMES THE EIGHTH 
REGIMENT OF THE NATIONAL GUARD. 

G. O.: Headquarters, New York, Dec'r 7th, 1813. 

Upon the recommendation and request of the Commandant of 
the first Brigade of Artillery, and the solicitation of most of the 
officers of the third Regiment of Artillery resident within the 
City and County of New York, the Commander in Chief hereby 
organizes the said Regiment in to two Regiments, one of which, 
to be called and known as the third Regiment, will consist of the 
Companies and Corps in the City of New York now belonging to 
said Regiment, and the residue of said Regiment is organized 
into a separate Regiment, to be called and known as the thir- 



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470 Annual Report op thb 

teenth. The last mentioned Regiment will be commanded by 
Lieut. Col'l Martin Boerum. The first battalion will consist of 
the Artillery Corps of Westchester County and be commanded 
by Major Lyon, and the second Battalion of the Artillery Corps 
in Suffolk, Queens and Kings Counties and will be commanded 
by Major Barbarin. The Staff officers of the present third Regi- 
ment within the limits of the thirteenth Regiment are assigned 
to and will act in the Thirteenth in the same grades which they 
now fill in the Third, and those resident within the City of New 
York are assigned to and will continue to act in their several 
grades in the Third Regiment hereby organized. 

Major Joseph O. Bogert is assigned and brevetted to be Lieut. 
Colonel of the third Regiment now organized, and Capt'ns John 
Graff and William T. Hunter to be Majors thereof, the senior of 
the two to be first Major and the Junior to be second Major. 

Major Genl. Stevens will cause this Gen'l order to be carried 
into effect without delay. 

By order of the Commander in Chief: 

Robert Macomb, Aid-De-Camp. 

G. C: Headquarters, New York, Decem'r, 8, 1813. 

The Commander in Chief is pleased to make the following 
promotions in the third Regiment of the first Brigade of New 
York Artillery: 

Stephen Phelps to be Captain, vice Wm. T. Hunter, pro'd; 
George Messerve do do John Graff, pro'd; 

William E. Matthews to be first Lt, vice Phelps, ^pro'd; 
George Thompson do G. Messerve do; 

Charles Rapalye to be 2d Lieut. Wm. E. Matthews, do; 

Peter Valentine do Geo. Thompson, do; 

John Trigler to be Cornet, vice P. Valentine, do. 



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State Historian. 471 

The above officers are to be obeyed and respected according 
to the above promotions until the pleasure of the Council of Ap- 
pointment be made known. 

By order of the Com'r in Chief: 

Robert Macomb, Aid-de-Camp. 



peter curtenius, brigadier-general, by brevet. 
G. 0.: Headquarters, New York, Dec. 8, 1813. 

Whereas by the sixth section of the act entitled "an act to or- 
ganize the Militia of this State," passed 7th April, 1801, provides 
that whenever the Lieutenant Colonel of the then first Regiment 
of Artillery of the City of New York should become the Senior 
Lieutenant Colonel within the City and County of New York, 
it should be lawful to appoint him to the rank of a Brigadier 
General by brevet or otherwise, and confine him if necessary to 
the command of the said Regiment; 

And whereas Peter Curtenius, the Lieutenant Colonel of said 
Regiment was appointed to the command thereof under and pur- 
suant to the said law and being now the senior Lieutenant Colo- 
nel within the City and county of New York, is justly entitled 
to the benefit of the said provision; 

The Commander in Chief is therefore pleased to appoint and 
brevet the said Peter Curtenius to the rank of a Brigadier Gen- 
eral in the militia of this State, until the pleasure of the Council 
of Appointment shall be expressed in the premises; and in the 
meantime the said Peter Curtenius will continue to command 
the said Regiment of Artillery. 

By order of the Commander in Chief: I 

Robert Macomb, Aid-de-Camp. 



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472 Annual Report of the 

a troop op cavalry disbanded. 
G. O.: Headquarters, New York, Dec'r 15, 1813. 

The Commandant of the second Regiment of Cavalry having 
reported to the Commander in Chief that the Second Troop^ 
of the New York squadron of said Regiment has not thirty men 
in uniform as is required in and by the 30th section of the Act 
entitled, "An act to organize the Militia of this State," and that 
he had accordingly disbanded said troop, the Commander in 
Chief is therefore, pleased to announce the disbandment of said 
troop, and to direct that the officers of said troop to return to 
the beats of the several companies within which they reside and 
do duty therein. 

By order of the Commander in Chief: 

Robert Macomb, A id-de-Camp and Lt. Col. 



SEVERAL COMMANDS REORGANIZED. 

G. O.: Headquarters, N. York, Deer 16, 1813. 

The Commander in Chief is pleased to organize all the troops 
of Cavalry in the City of New York and Richmond County, now 
under the command of Major James Warner, with Captain Wil- 
son's company of Horse Artillery of Kings County and Captain 
Sibbald's, of New York into a Battalion of Horse Artillery; and 
will take the requisite measures to supply them with field-pieces- 
and Caissons accordingly. The second Regiment of Cavalry will 
hereafter consist of two squadrons, that of Long Island to be 
called the first squadron and that of Westchester County to be 
called the second Squadron of said Regiment. Major James 
Warner, the Adjutant and other staff officers of the second regi- 
ment of Cavalry resident in the City of New York, are trans- 
ferred to this Battalion of Horse Artillery, without prejudice to- 



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State Historian. 473 

"their present grade or rank. Should Major General Stevens find 
that it will be satisfactory to the corps hereafter mentioned to 
be incorporated with the battalion of Horse Artillery hereby 
organized, and that it will promote the safety of the City and 
Harbour of New York, he is authorized to organize this battalion 
and the troop of Cap'n Merserue, Capt. Shaw and the troop of 
Oavalry in Kings County into a Regiment and to brevet the field 
officers according to seniority of rank. Major James Warner 
will be the first Major Cammandant of the Battalion of Horse 
Artillery organized by this order, and Cap'n James Guion Jun'r 
will be the second Major of said battalion. Major General 
Stevens will cause this order to be promptly executed, and will 
notify Brigadier General Giles and Lt. Colonel Jacob Odel of 
the Cavalry thereof. He is empowered also to direct the number 
and places of the parades of said battalion according to the 
provisions of the 27th section of the Militia law of this State. 
By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp. 



THE NINTH REGIMENT OF ARTILLERY REDUCED TO A BATTALION. 

*G. O.: Headquarters, N. York, Dec'r 17, 1813. 

The Ninth Regiment of Artillery having become greatly re- 
duced in numbers by various causes and the Lieutenant Col'l John 
Sleeker, Commandant thereof, being frequently absent from 
town, and Major Minuse, the next officer in command, having 
resigned, the Commander in Chief, without prejudice to the grade 
-and rank in the Brigade of Lt. Col. Bleecker, organizes the said 
Regiment into a Battalion and assigns Major Daniel D. Smith to 
be first Major Commandant, and Cap'n Richards Kingsland to 
be second Major thereof. The staff of the Regiment will remain 



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474 Annual Report op the 

attached to the Battalion until further Orders. Lt. Col. Bleecker 
will be considered a supernumerary officer until further orders. 
Lt. Thomas A. Cummin is brevetted a Captain, and Peter Van 
Wynkle a first Lieutenant in the Battalion hereby organized and 
will be obeyed and. respected accordingly, until the pleasure of 
the Council be made known. 

By order of the Comm'r in Chief: 

Robert Macomb, Aid-de-Camp. 



REINFORCEMENTS ORDERED TO SAG HARBOR. 

6. O.: Headquarters, Albany, 8th January, 1814. 

The Commandant of the First Division of the Infantry of the 
State of New York by authority of the President of the United 
States made for that purpose, is required to detach and organize 
forthwith from that part of his Division which is in the Counties 
of Queens and Suffolk (having reference to the burthen of actual 
service already endured by the militia of those Counties respec- 
tively, and to the duty to be performed), two Companies, each to 
consist of one Captain, two Lieutenants and two Ensigns (to be 
assigned by the Major General of the said Division, or by the Com- 
mandants of Brigades with his approbation), Six Sergeants, five 
Corporals, two Musicians and ninety privates, which two Com- 
panies are to repair forthwith to Sagg Harbour, or to such other 
frontier point of Long Island as the Commanding Officer of the 
Thirt Military District of the United States may designate. These 
companies are called for under and pursuant to the Act of Con- 
gress passed 28th February, 1795, in consequence of the imminent 
danger of the Invasion of Sagg Harbour, and the adjoining coast, 
upon the discharge of the Militia now in service there, and will 
be liable to serve three months from the time of arrival at the 



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State Historian. 475 

place of rendezvous, and will be entitled to the same Gamp equip- 
age, pay and rations as the regular troops of the United States. 

The Major General of the Artillery of the State of New York, 
upon the requisition aforesaid, is directed to detach and organize 
from the Artillery of Suffolk and Queens, or to accept and organ- 
ize a Volunteer Corps of Artillery, to consist of one Captain, one 
Lieutenant, the (sic) Sergeants, two Corporals, two Musicians and 
thirty six privates, and to order them to repair forthwith to Sagg 
Harbour for the purpose and according to the law before speci- 
fied. They are to obey the Senior Officer in service there. 

The Commander in Chief holds the Commandant of the Division 
of Artillery and of the first Divison of Infantry, responsible for a 
prompt compliance with this order, without which immense in- 
jury may happen to Sagg Harbour and to that part of Long Island 
which is near to Gardner's Bay. 

They are also vested with discretion to accept and organize 
Volunteers from any part of the State for the service above men- 
tioned and to give all the needful directions respecting details of 
the Detachment which the Commander in Chief could legally give 
were he present. 

By order of the Commander in Chief: 

SoPn Van Rensselaer, Adjt. Genl. 



OTHER DISPUTES OVER RANK. 

G O.: Headquarters, Albany, Feby. 16, 1814. 

A Board of Officers is hereby constituted to settle rank between 
Captains Swartwout and Deforest of the One Hundred and fifty- 
fifth Regiment of Infantry. The Board will consist of Lt. CoL 
Thomas Davis as President, and of Lt. Col. Van Schovenhoven, 
Major Vandercook and Major Salisbury of the Infantry, of Majors 



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476 Annual Report op the 

Knickerbacker and Brees of the Cavalry, and Major Koon of the 
Rifle Corps. The Board will meet at Pearce's tavern in the Village 
of Troy on Thursday the 24th day of February instant, at 12 
O'Clock in the day; of which meeting the President will forthwith 
notify the members of the Court, Cap'n Swartwout and Cap'n De- 
forest. The President of the Board is directed without delay, to 
report the facts which may be found by the said Board of Officers 
with their opinion thereon. 

By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp. 

G. O.: Headquarters, Albany, March 23d, 1814. 

A board of Officers consisting of Seven members will assemble 
at such time and place as the Major General of the Second Divis- 
ion of Infantry shall direct to settle the rank between John 
Brush and George Bloom Esquires, officers in the Eighty-fourth 
Regiment and Twentieth Brigade of Infantry, in the County of 
Dutchess. The following gentlemen will compose the board: 

President. 
Infantry, Brigadier Genl. Leonard Smith of Newburgh. 

Members. 
" Lieut. Col. Abraham J. Hardenburgh, Shawangunk; 
" " " Anthony Delamater, Rhinebeeck; 

" Major John Dill, Shawangunk; 
Artillery, Fyler Dibblee, Dutchess County. 

" " Samuel Slee, Poughkeepsie; 

Infantry, Major Richard Rapalye, Fishkill. 

If any of the above members should have resigned or be not 
now in commission, Major Thorne Pudney of Fishkill, or Lieut. 
Col. Philip Pitcher of Rhinebeeck may be substituted. 



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State Historian. 477 

The Major General of the second Division will notify the mem- 
bers of the said board of their appointment and cause them and 
the parties concerned to be informed of the time and place of 
their meeting. The board will state facts, as well as express 
their opinion as to the priority of rank of the parties and trans- 
mit their decision to the Commander in Chief without delay. 

By order of the Commander in Chief: 

Sol Van Rensselaer, Adjt. Genl. 



major Warner's battalion op artillery organized into a 

regiment. 

G. O.: Headquarters, Albany, Feby. 28th, 1814. 

The Commander in Chief, believing that a Regiment of Horse 
Artillery will be a very valuable Corps for the defence of the 
Southern frontier; and it being represented to him that the Corps 
organized into a Battalion, by a General Order of the Sixteenth 
day of December last, under Major James Warner is sufficiently 
numerous for a Regiment, is pleased to organize the said Bat- 
talion into a Regiment of Horse Artillery. Major James Warner 
will be the Lt. Col. Commandant thereof, Major James Guion 
Junior of Richmond County, the first Major, and Capt'n Lewis K. 
Storms of New York, the second Major, with staff and other 
officers as are now in commission in said Corp3, and as may be 
appointed by the Council of Appointment. The said Regiment 
is annexed to the Division of Artillery and be subject to the 
orders of the Major General of said Division. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



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478 Annual Report op the 

THE GOVERNOR MAKES AN APPEAL FOR VOLUNTEERS. 

BECAUSE OF THE EXPIRY OF TERMS OF ENLISTMENT OF MILITIA AND 
BRITISH ATROCITIES ON THE NIAGARA FRONTIER. 

G. O.: Headquarters, Albany, March 13th, 1814. 

The period of service of the Militia on the Niagara frontier 
will shortly expire. In providing for the future security of the 
westerly portion of the State, various considerations induce the 
Commander in Chief, instead of making a requisition for a fur- 
ther draft from the Seventh Division, which on account of unf or- 
seen occurrences has heretofore been greatly harassed, to appeal 
directly to the citizens of the State at large, and more especially 
to the acknowledged patriotism of the Citizens of the Western 
District, to furnish a select and efficient Corps of Volunteers. 

The organization of the force to be raised, by virtue of this 
order, will be as follows: two Regiments of Infantry, with a 
Colonel, Lieutenant-Colonel, and two Majors for Field Officers, 
with the usual regimental staff of Militia; 

The Regiments will consist of ten companies each and the re- 
spective companies to be composed of one Captain, two Lieuten- 
ants, two Ensigns, six Sergeants, five Corporals, two Musicians 
and ninety Privates. One separate Battalion, comprising four 
companies, with the like number of officers, non-commissioned 
officers, musicians and privates, as above, will likewise be organ- 
ized. One Company of the Battalion to be Riflemen, two to be 
Light Infantry and the fourth to consist of mounted Riflemen. 
The field officers may be selected by the Captains and subalterns, 
and the latter by the Volunteers of the respective companies. 
The Commander in Chief earnestly recommends such selection 
to be made without reference to present rank, or any other con- 
siderations than those of merit, talents and patriotism. The 



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State Historian. 479 

field and company officer© who may be selected, if they should 
not already hold commissions of the same grade in the Militia 
or in Corps of Exempts, will be brevetted and commissioned by 
the Commander in Chief. The regimental staff will be assigned 
by the Commandant of the Regiment, and an Adjutant for the 
separate battalion will be appointed by the Commandant thereof. 
General Peter B. Porter will command the whole corps. The 
volunteers will be provided with the same camp equipage, ra- 
tions, pay and means of transportation, as are allowed to the 
troops of the army of the United States; and the Commander in 
Chief entertains a confident expectation that an additional 
monthly allowance, on account of clothing, will be appropriated 
by the Legislature of the State. The term of service of the Volun- 
teers will be six months, if required; but there is every reason 
to believe that their services may be dispensed with in a shorter 
time. 

Having given this detail of the intended organization and 
objects of the corps, the Commander in Chief counts with con- 
fidence, on the immediate completion of the contemplated force. 
The prompt and patriotic spirit evinced by his fellow citizens on 
every occasion which has called for their services, will not per- 
mit him to doubt the issue of this appeal. The late ravages and 
barbarities of the enemy on the Niagara frontier must revive 
painful recollections and excite the keenest sensibilities of all; 
and will, he hopes, produce a universal zeal to promote the suc- 
cess of this effort to give permanent tranquillity and security to 
the inhabitants of the Western district. 

By order of the Commander in Chief: 

Sol Van Rensselaer, Adjt. Genl. 



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480 Annual Report op the 

the second regiment of horse artillery organized. 
G. O.: Headquarters, Albany, February 28th, 1814. 

It appearing to the Commander in Chief that Horse Artillery- 
will be a mere efficient Corps than Cavalry for the defence of the- 
Sea bord and shores of the Sound and East River, if furnished 
with pieces, Caissons and other equipments by the Public, and 
he having by Orders of this day organized one Regiment of Horse- 
Artillery in the Southern District, is pleased to organize and 
transfer the Cavalry of Westchester, Queens and Suffolk Coun- 
ties into a separate Regiment of Horse Artillery, to be called the- 
second Regiment of Horse Artillery. 

These two Regiments are formed into a Brigade to be called 
the first Brigade of Horse Artillery. Brigadier General Jacob 
Odell of West Chester County will command the said Brigade. 
Lieut. Colonel William Jones will be commandant of the second 
Regiment of Horse Artillery and Major William Oakley will be 
first Major thereof. 

Brigadier Genl. Giles of the Cavalry, having been made a 
Major General of Cavalry by the Council of Appointment, that 
part of the third Brigade of Cavalry heretofore commanded by 
him (not organized into Horse Artillery) consisting at present of 
the Cavalry in Rockland, Orange, Ulster, Putnam and Dutchess 
Counties, will be commanded by Brig'r Gen'l George D. Wick- 
ham of Goshen, Orange County. 

The Horse Artillery of the first and second Regiments will 
parade twice at least in each year by squadrons, three times at 
leaat by Companies, and once by Brigade, and will as soon aa 
convenient, if it be requested, be furnished with field pieces and 
implements, Caissons and ammunition for exercise and improve- 



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State Historian. 481 

ment The Brigade of Horse Artillery hereby organized }s an- 
nexed to the Artillery until further orders. 
By order of the Commander in Chief: 

SoPn V'n Rensselaer, Adjt. General. 



CHABGBS PREFERRED AGAINST MAJOR ANTHONY WHEELER AND LIEUT. 

BBBN WHBDLBB. 

G. O.: Headquarters, Albany, March 30th, 1814. 

Complaint having been made by Alexander Neeley Esquire, to 
the Honorable the Council of Appointment against Major An- 
thony Wheeler and Lieutenant Eben Wheeler, officers in the 
Twenty-ninth Begiment and Twentieth Brigade of Infantry in 
the County of Dutchess; and the Council having referred the 
said complaint to the Commander in Chief, with a request that 
he would cause the charges to be investigated and the truth 
thereof to be ascertained and reported by a Court of Inquiry; he 
therefore orders thai] a Court of Inquiry do assemble at Forbe ? s 
Inn in the Village of Poughkeepsie on Friday the fifteenth day 
of April next at Eleven O'clock in the forenoon, to investigate 
the charges exhibited against the said Anthony Wheeler and 
Eben Wheeler by the said Alexander Neeley, who will furnish 
each of the accused officers with a copy of the charges exhibited 
against them before the Council, at least six days before the 
meeting of the Court, and who will exhibit a copy thereof to the 
Court at its first meeting. 

The following Gentlemen will compose the Court: Brig'r Gen- 
eral Samuel Ten Broeck, President; Lieut. Col. Nathan Myers of 
the Artillery, Major George Bloom of the Infantry, Lieut. Henry 
A. Livingston, ditto, Lieut. Abraham Bockee of the Cavalry, 
Members* 

31 



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482 Annual Report op the 

Tl\e President will notify the Members and the parties of the 
time and place of their meeting and report the facts as well as 
the opinion of the Court to the Commander in Chief without 
delay. 

By order of the Commander in Chief: 

SoPn V'n Rensselaer, Adjutant General. 



PART OF THE TROOPS AT SAO HARBOR TO BE RELIEVED. 

Q. O.: Headquarters, Albany, April 12th, 1814. 

In consequence of requisitions by the Officer commanding the 
Third Military District of the United States, the Commander in 
Chief is pleased to direct that the Commandant of the first Divi- 
sion of Infantry of the State of New York forthwith detach from 
the most convenient part of his Division and order into the ser- 
vice of the United States at Sagg Harbour in the County of 
Suffolk, two companies of Infantry, each to consist of one Cap- 
tain, two Lieutenants, two Ensigns, five Sergeants, six Corporals, 
two Musicians and ninety privates, which companies will be de- 
tached and organized and enter into service at Sagg Harbour, 
on or before the first day of May now next to relieve the Detach- 
ment already in service at that place. The Commandant of the 
Division of Artillery will detach and order into service at Sagg 
Harbour aforesaid by the day aforesaid from the first Brigade of 
Artillery two Lieutenants, two Sergeants, two Corporals, two 
Musicians and 45 privates. 

The emergency demands of the Commandants of the above 
mentioned Divisions the most prompt and effectual compliance 
with this order. 

The detachments before mentioned will be liable to serve three 
months from the time of their arrival at Sagg Harbour, pursuant 



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State Historian. 483 

to the act of Congress passed 28th February, 1795, and the acts 
supplementary thereto, will be entitled to the same pay, rations, 
means of transportation and Camp equipage as are allowed to 
the army of the United States, and will be subject to the orders 
of the officer commanding the third military district of the 
United States. 

If Volunteers shall offer for the above service the Command- 
ants of the Division of Artillery, of the first division of Infantry, 
of the first Brigade of Artillery and of the Suffolk Brigade of In- 
fantry are respectively authorized to accept and organize them. 
By order of the Commander in Chief; 

John B. Yates, Lieut. Col. and Aide-De-Camp* 



MINOR ORDERS. 

G. O. : Headquarters, Albany, April 22, 1814. 

Lieutenant Abraham Bokee having notified the Commander in 
Chief that he will be unable to attend on the third day of May next 
the meeting of the Court of Inquiry organized by a General Or- 
ders bearing date the thirtieth day of March last, Lt. Col. An- 
thony Delamater is hereby appointed a member of said Court in 
the stead of Lt. Bokee; and Majors Samuel Slee and John Brush 
are named as supernumeraries either or both of whom may be 
called upon by the President of said Court to sit as a member or 
members in case of a vacancy or vacancies by the non-attendance 
of the present members of said Court. 
By order of the Commander in Chief: 

SoPn Van Rensselaer, Adjt. Genl. 
G. O.: Headquarters, New York, April 27th, 1814. 

The Companies of Horse Artillery in the City of New York, 
commanded by Capt'ns Messerve and Shaw will continue to be 
annexed to and form part of the Third Regiment of Artillery in 



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484 Annual Report op the 

the first Brigade until further orders. The other Corps of Horse 
Artillery in the City of New York belong to the first Regiment 
of Horde Artillery. 

Upon recommendation of the Commandant of the third Regt. 
of Artillery, Philo L. Mills is brevetted and assigned a second 
Lieutenant in said Regiment, who is to be obeyed and respected 
accordingly until the pleasure of the Council of Appointment in 
the premises are made known. 

By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp. 
G. O. : Headquarters, New York, 7th May, 1814. 

Major Case having declined to continue in command 
of the detachment recently organized for the Port of Sagg 
Harbour, longer than he can be regularly relieved; Brigadier 
Genl. Rose will forthwith select and assign to the command of 
said detachment one Major of the line or staff of his Brigade, 
who will repair without delay to Sagg Harbour, relieve Major 
Case in the command of the troops in service there, and report 
himself to the Commanding officer of the third military district 
of the United States at Headquarters in New York. 
By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp. 
G. O.: Headquarters, City of New York, May 9th, 1814. 

The company of Artillery commanded by Captain Dunscomb 
is organized as an independent battalion in Brig'r General Mor- 
ton's Brigade of Artillery, to which battalion are assigned the 
following officers: Daniel E. Dunscomb, Major Commandant; 
Charles McKenna, James B. Murray, Captains. 

The residue of the Officers will be assigned in future orders. 
By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp. 



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State Historian. 486 

the charges against major whebler and lieut. wheeler not 

sustained. 
G. O.: Headquarters, Albany, June 10th, 1814. 

The Court of Inquiry instituted by General Orders of the 30th 
March last, to investigate charged alleged by Alexander Neeley 
Esquire, against Major Anthony Wheeler and Lieutenant Eben 
Wheeler, officers of the Twenty-ninth Regiment of Infantry, hav- 
ing performed the duty required in a correct and Satisfactory 
manner, is dissolved. Brigadier General Ten Broeck, the Presi- 
dent of the Court, is requested to accept for himself and to com- 
municate to the members, the thanks of the Commander in 
Chief for their services, and his approbation of their proceedings 
and determination. 

The Commandant of the Twentieth Brigade of Infantry will 
announce to the Twenty-ninth Regiment the report of the Court 
of Inquiry, which declares, "that the complaints alleged against 
Major Anthony Wheeler and Lieutenant Eben Wheeler are not 
in any part or particular specification substantiated, and that 
the said Court does not find any imputation derogatory to their 
character as officers, sustained against the said Anthony Wheeler 
or the said Eben Wheeler." 

The appointment of the officers of the Twenty-ninth Regi- 
ment returned for promotion by the late commandant of said 
Regiment in March 1813, and of those returned in 1814, having 
been suspended on account of the complaints aforesaid, the offi- 
cers, so returned, are hereby respectively assigned, appointed 
and brevetted in the several offices of said Regiment for which 
they have beeen so returned, with rank respectively from and 
including the second day of March last, and are to be obeyed and 
respected accordingly, until the pleasure of the Council of Ap- 
pointment thereon shall be signified. 



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486 Annual Report of the 

The said Commandant of the Twentieth Brigade is also 
directed to make a return for appointments by the Council, in 
the Twenty-ninth Regiment on or before the first day of Decem- 
ber next specifying therein that the officers brevetted by this 
order are respectively entitled to be commissioned with rank as 
herein expressed. 

By order of the Commander in Chief: 

Sol V'n Rensselaer, Adjt. Genl. 



AGAIN THE QUESTION OF BANK. 

G. O. : Headquarters, Albany, June 16, 1814. 

It having been represented to the Council of Appointment 
that by the appointment of Major John Dill to the command of 
the Twenty-eighth Regiment of Infantry of the State of New 
York, the rank and rights of Major John Jansen of said Regi- 
ment were violated; the Commander in Chief, with the advice 
and request of the Council of Appointment, hereby organizes a 
board of Officers to inquire into and report the relative rank and 
right to promotion in said Regiment of the said John Dill and 
John Jansen on the second day of March last past. Brigadier 
General Reuben Hopkins will be the President of the board, 
will give notice to the parties interested and to the members of 
the board of the time and place of meeting and will report the 
facts and the opinion of the board thereon to the Commander in 
Chief without delay. 

Brigadier General Wyckham and Major Wescott of the Cav- 
alry, Lieutenant Colonel Abraham J. Hardenburgh of the In- 
fantry, and Lieutenant Colonel Selah Strong of the Artillery, 
are detailed as members of the said board. 



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State Historian. 487 

The President, is authorized to appoint the time and place of 
the meeting of the board and to nominate and notify two super- 
numerary members, either of the Artillery, Cavalry or Infantry 
of Orange County, to supply vacancies in case of the non-at- 
tendance of any of the members named in this Order, which 
supernumeraries are hereby required to obey the orders of Genl. 
Hopkins in that respect. 

By order of the Commander in Chief: 

Sol V'n Rensselaer, Adjt. General. 

G. O. : Headquarters, Albany, June 16th, 1814. 

Lieutenant John S. Robinson of the City of New York, 
formerly belonging to a company (whereof John Cooke was Cap- 
tain) in the third Regiment of Artillery, presented a memorial to 
the Commander in Chief and the Council of Appointment at their 
last meeting, complaining of a violation of his rank in said Regi- 
ment, by certain brevet and other appointments therein; and it 
appearing to the Commander in Chief and the Council of Ap- 
pointment that in Investigation by a Court of Inquiry of the cir- 
cumstances upon which the said complaint is founded should 
take place and that an official report and opinion of the said 
Court relative to the rank and pretensions of the said .John S. 
Robinson in the said Regiment of Artillery, should be presented 
to them to enable them to decide in the premises; 

The Commander in Chief hereby organizes a Court of Inquiry 
for that purpose, to consist of Brigadier General Jonas Mapes, 
President, and of Lieut. Colonels Jasper Ward and William W. 
Todd, and Major John Coffin of the Infantry, Majors William B. 
Crosby and Daniel E. Dunscomb and Capt'n James B. Murray of 
the Artillery. The President of the Court will appoint the time 
and place of the meeting of the said Court, will notify the mem- 



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488 Annual Report of the 

bers of the Court and Lieutenant Robinson thereof, will desig- 
nate and notify two. supernumerary members to attend to fill 
any vacancy or vacancies which may happen by the non-attend- 
ance of any of the members named in the order, and will with all 
convenient speed report the facts and opinion of the Court to 
the Commander in Chief: 

By order of the Commander in Chief: 

Sol. V'n Renseelaer, Adjt. Genl. 



LIEUT. COL. WILLIAM PAULDING, JR., RESUMES COMMAND OF HIS 

REGIMENT. 

G. O: Headquarters, New York, July 9th, 1814. 

The General Order of the 27th day of April, 1812, is so far re- 
voked and modified as to permit Lieut. Col. William Paulding 
Jun'r, to resume the command of the Ninety-seventh Regiment 
of Infantry, and he is hereby authorized to resume the command 
thereof accordingly, giving five days notice thereof to the com- 
mandant of the Tenth Brigade of Infantry. 
By order of the Commander in Chief: 

Robt. Hunter, Aid-De-Oamp, P. T. 



NEW YORK THREATENED. 

THE GOVERNOR CALLS FOR VOLUNTEERS TO PROTECT A STEAM 
FRIGATE IN PROCESS OF CONSTRUCTION. 

New York, July 14th, 1814. 
Sir: You are hereby required to detach from your Brigade and 
Station at the site for building the steam frigate,* one sergeant, 

* The steam frigate alluded to In the above dispatch was the " Demologos " which 
was designed by Robert Fulton on the plan of a floating battery that he submitted to 
Congress. This vessel, the first steam man-of-war ever constructed, was launched 
October 29, 1814. Her dimensions were: Length, 145 feet; width, 65 feet; her armament 
consisted of 32 carronades and two 100-pound Columblads. The " Demologos " was never 
formally put in commission. She blew up in 1829. It is a curious coincidence worthy of 
notice here, that on the banks of the Hudson were constructed two types of vessels 
that were to revolutionize the fighting power of the navy of their day— the " Demol- 
ogos " in 1814 and the " Monitor " of John Ericsson in 1862. 

STATE HISTORIAN. 



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State Historian. 489 

one corporal, and twelve privates.. It is to be hoped Volunteers 
can be procured for this service. 

The apprehension of attack and invasion of that particular 
point, at this juncture, creates an emergency in which I think it 
proper to exercise the authority vested in me by the Militia law. 
I rely upon your known promptitude and patriotism for an im- 
mediate compliance with this requisition. 

I am, Sir, your Obt. S't., 

Daniel D. Tompkins. 

Brig. General Gerard Steddiford. 



LIEUT. ROBISON PREFERS FINANCE TO WAR. 

G. O.: Headquarters, Albany, July 18, 1814. 

Brigadier General Mapes, President of a Court of Inquiry in- 
stituted by General Orders of the 16th June last for the purpose 
of enquiring into the rank of Lieut. John S. Robison of the 
Third Regiment of Artillery, having reported that on making 
enquiry for Lieut. Robison to serve him with the Copy of the 
notice to the members of the Court, he learnt that he had re- 
ceived an Appointment in the Newburgh Bank about Six Weeks 
since and had removed to that place with the view of residing 
there permanently, upon which representation the Commander in 
Chief thinks proper to dissolve the said Court, and the same is 
hereby dissolved accordingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



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490 Annual Report op the? 

GOVERNOR TOMPKINS' SWEEPING ORDER # . 

DIRECTS THAT ALL THE MILITIA IN THE STATE BE PREPARED FOB 
INSTANT SERVICE AND READY TO MARCH AT A MOMENT'S WARN- 
ING TO ANY PART OP THE STATE THAT MAY BE ATTACKED. 

G. O.: Headquarters, Albany, July 20th, 1814. 

In compliance with a requisition made by the President, pur- 
suant to the laws of the United States, the Commander in Chief 
of the State of N. Y. directs that thirteen thousand five hundred 
of the Militia of the State of New York be detached, organized, 
equipped and held in readiness for actual service. 

The first Brigade of Artillery, the third and tenth Brigades of 
Infantry, and the uniform companies of Artillery, light Infantry, 
Grenadiers and Riflemen of West Chester, Rockland, Orange, Put- 
nam and Dutchess Counties, will form the first Division. 

The Artillery of Rockland, Orange, Dutchess and Putnam will 
be formed into a Battalion, of which Major Samuel Slee of Pough- 
keepsie, will be commandant. The second Major of the Battalion 
will be assigned by the Commandant of the Tenth Regiment of 
Artillery. This Battalion will be attached to the first Brigade of 
Artillery. 

The Light Infantry companies of the before mentioned Counties 
will be formed into one Battalion, and the Rifie companies into 
another Battalion, and those two battalions into one Regiment. 

The first Brigade of Horse Artillery, and the Fifteenth, Twenty- 
second, Twenty-ninth and Thirty-third Brigades of Infantry will 
likewise be prepared and equipped for immediate service, under 
the respective officers now commanding them. 

The second and third Divisions of the requisition are to be de- 
tached and organized as specified in the annexed detail. 

The Commander in Chief directs that all the residue of the Mili- 



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State Historian. 



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Battle of Chippawa, 5th July, 1114. 

Battle of Niagara, 25th July. 

First battle of Erie, one o'clock A. M. 

15th August, 1814. 
Second battle of Erie. 12 o'clock a.m. 

17th September, 1814. 

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492 Annual Report of the 

tia of the State of New York be likewise kept in complete orde* 
for service and ready to march at a moment's warning, to any 
part of the State, which taiay be attacked or in immediate danger 
of being attacked; and enjoins it upon all officers to cause their 
Corps to be immediately and thoroughly inspected and the penal- 
ties for deficiencies of equipment to be rigidly enforced. Brigade 
and Division Inspectors are charged to be attentive to the execu- 
tion of this Order. 

The services of the first and second Divisions and of the uni- 
form Corps in the Counties of Ulster, Delaware, Greene, Rensse- 
laer, Albany, Schenectady, and Dutchess, which shall tender their 
services on this occasion, will be required at New York and its 
vicinity. 

Volunteers for this detachment are to be accepted by Com- 
mandants of Regiments, Brigades or Divisons and reported to the 
Adjutant General immediately. 

The Commander in Chief invites the Uniform Corps, throughout 
the State, to exhibit at this time the same military pride and 
patriotic ardor which many of them have displayed on former 
occasions. The crisis demands united exertions and the Com- 
mander in Chief is persuaded that the promptitude, bravery and 
patriotism of the Militia generally, will be proportioned to the 
emergencies to which the State of New York may be subjected. 
By order of the Commander in Chief: 

Sol Van Rensselaer, Adjt. Genl. 



IN SPITE OF THE CRITICAL CONDITION OF AFFAIRS, OFFICERS FOUND 
TIME TO QUIBBLE OVER RANK. 

G. O.: Headquarters, Albany, July 29th, 1814. 

In consequence of a representation that a controversy exists 
between Captains Thomas Carson and John t? \^mjams of the 



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State Historian. 493 

Eighty-ninth Regiment of Infantry, relative to their respective 
rank in said Regiment, and of an application of one of the parties 
concerned for the appointment of a board of officers to examine 
into and finally settle and determine the relative rank of the said 
officers; Lieutenant Col. Guert Van Schoonhoven and Major 
Samuel Stewart of the One hundred and forty-fourth Regiment 
of Infantry, Major Robert Elliot, Brigade Inspector, and Major 
Boyd, Brigade Quartermaster of the Thirty-first Brigade of Infan- 
try, Major John Brees, Quartermaster of the second Brigade of 
Cavalry, and Lieut't Colonel John Townsend and Major Isaac 
Lucas of the Artillery, will form the said board. 

The board will meet at the house of Mrs. Haskins in Washing- 
ton Street in the City of Albany, on Tuesday the ninth day of 
August now next at eleven CVClock in the forenoon. Lt. Col. Van 
Schoonhoven, the President of the board, will cause notice to be 
given to the members of the Court and to the parties concerned 
of the time and place of meeting, and will likewise report to the 
Commander in Chief without delay, the facts and the opinion of 
the board thereon. 

By order of the Commander in Chief: 

Sol Van Rensselaer, Adjt. Genl. 



REINFORCEMENTS ORDERED TO SAG HARBOR. 

«. O.: Headquarters, New York, Aug't 2d, 1814. 

In pursuance of a requisition for that purpose by the command- 
ing Officer of the 3d Military District of the United States, Briga- 
dier General Rose of Suffolk County, is hereby required to detach, 
organize and station at Sagg Harbour, forthwith, one full com- 
pany of Militia to consist of one Captain, two Lieutenants, two 
Ensigns, five sergeants, six corporals, two Musicians, and Ninety 



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494 Annual Report op the 

privates. They will be subject to the orders of the commanding 
Officer of that port, and are called out for 3 months, pursuant to 
the act of Congress passed 28th February, 1795, but will be liable, 
if in the opinion of the President of the United States the public 
interests require it, to serve for six months, pursuant to the act 
of Congress passed 18th of April, 1814. 

Brigadier General Jeremiah Johnson will likewise detach from 
that part of his brigade which is in Queens County and organize 
one other company to be composed and liable as above and order 
them to Sagg Harbour without delay. 

General Kose will Officer the detachment from his brigade 
either by a selection from those already in service at Sagg Har- 
bour, or with other officers as in his discretion the public Interests 
may require. 

By order of the Commander in Chief: 

R. Macomb, Aid-De-Camp. 



THE GENERAL GOVERNMENT MAKES A REQUISITION 

FOR 3,000 TROOPS FOR THE PROTECTION OF THE ATLANTIC COAST 
LINE. GOV. TOMPKINS PROMPTLY COMPLIES AND FURNISHES A 
REGIMENT ADDITIONAL. 

G. O.: Headquarters, New York, August 4th, 1814. 

The Commander in Chief, having received a requisition made 
by the President, to call into the service of the United States im- 
mediately, a portion of the Militia of this State to consist of 3,000 
men for the defence of the Atlantic frontier of this State, and 
conceiving that the emergency requires him, pursuant to the 
power vested in him by the Militia law of this State, to call into 
State service for the defence of the same frontier one regiment in 



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State Historian. 495 

addition to the aforesaid requisition, directs that the following 
corps be immediately organized and ordered into actual service: 
The detached Brigade to the command whereof brigadier Gen- 
eral Heermance is assigned, consisting of two Regiments, the 
first whereof is to be formed by 540 men, including company 
officers, to be detached from the Nineteenth Brigade of Inf antry, 
exclusive of the uniform companies of the brigade; and 540 men. 
exclusive of uniform corps from the Thirtieth Brigade of In- 
fantry, which regiment is to be commanded by Lieut. Cols. Isaac 
Belknap, Ju'r, and Abraham Van Wyck; and the second of which 
Begiments is to be commanded by Lieut. Cols. A. Delamater and 
A. Wheeler, and to consist of 648 men from the Twentieth Brig- 
ade of Infantry and of 432 from the thirty-fourth brigade of In- 
fantry, exclusive of Uniform companies. 

One Regiment to be commanded by Lieut. Cols. John T. Van 
Dalf sen, Daniel Warner and a Lieutenant Colonel to be assigned 
by Major General Perlee from the Twenty-third Brigade of In- 
fantry, which Regiment will consist of three Battalions, detached 
as follows: from the Twelfth Brigade of Infantry, S40 men; from 
the Twenty-third Brigade of Infantry, 432 men; and from the 
Thirty-seventh Brigade of Infantry, 540 men. All the before men- 
tioned corps will rendezvous by battalions on the 18th day of 
Aug't. instant at 10 O'clock in the forenoon, or in corps of no less 
than one full company, at such place or places as the commandant 
of the brigade from which the battalion may be detached shall 
direct. 

The Battalion of artillery to be composed of the companies of 
artillery in the Counties of Rockland, Orange, Putnam and Dut- 
chess, will also rendezvous on the 18th day of August instant; 
that part of the battalion which is in Dutchess and Putnam 



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496 Annual Report op the 

Counties at such place or places as Lieut. Colonel Nathan Myers 
may direct; and that part in Orange and Rockland at such place 
or places as Lieut. Col. Selah Strong shall prescribe. 

One full company of the second Regiment of Riflemen will ren- 
dezvous at the Capitol in the City of Albany on Thursday, the 
18th day of August instant, at ten O'Clock in the forenoon; and 
should a greater number than one company of said Regiment 
Volunteer their services, the whole will rendezvous on the day 
and at the hour before mentioned at such place or places as 
Lieut. Col. S. M. Lockwood shall direct, who will in person 
take command of them if the number shall amount to three full 
companies. 

The commandants of such uniform corps in the counties of 
Delaware, Greene, Rensselaer, Albany, Schenectady, and Ulster, 
as may volunteer their services for the defence of .the City of 
New Yofk and its vicinity, will report to the Commander in 
Chief immediately. 

The Light Infantry and Rifle companies of Rockland, Orange, 
Dutchess, and Putnam counties, organized into a detached regi- 
ment on the 20th of July last, will rendezvous on the 18th of 
August instant, at the hour aforesaid as follows: In Westches- 
ter County at such places as Lieut. Col. Jonathan Varian may 
designate, and in the other Counties at such place or places as 
the commandants of the respective brigades to which they belong 
shall direct. 

The commandants of Artillery Companies will take with them 
to the places of rendezvous the field pieces and equipments at- 
tached to their respective companies. 

All the artillery, light Infantry and Riflemen must appear at 
rendezvous with complete Uniform, and the light Infantry, rifle- 



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State Historian. 497 

-men and infantry must appear equipped with a musket and bayo- 
net or a rifle with a cartridge-box or rifle pouch, and with a 
knapsack, blanket and canteen, and they are advised to provide 
themselves with a frock and trousers for fatigue dress to preserve 
their uniform. Members of Uniform companies ordered into ser- 
vice in 1813, under Brigadier General Hopkins who shall have 
faithfully served and been honorably discharged during or at the 
end of the tour of duty of General Hopkins' Brigade, and also 
all the members of Uniform companies who served faithfully in 
person or by substitute on Staten Island in 1812, may be dis- 
charged by the commandants of the respective rendezvous at 
which they may assemble; but such commandants are cautioned 
to be particular in the exercise of this discretion. 

The principal and not the substitute will have the benefit of 
former service, and the commandants of the companies hereto- 
fore on duty are required to detach and have at the proper ren- 
dezvous by the 18th Inst every member of the company who did 
not actually serve in person or by substitute in 1812 or 1813. 

Three thousand of the troops included in this order will ren- 
dezvous under and pursuant to the act of Congress passed 28th 
Feby. 1795, and the acts supplementary and in addition thereto. 
The original act prescribes three months from the time of 
arrival at the place of rendezvous as the period of service, and 
the act in addition thereto provides that the Militia called out 
into service pursuant to the act of 28th Feby. 1795, may, if in 
the opinion of the President of the United States the public In- 
terest requires it, be compelled to serve for a term not exceeding 
six months after their arrival at the place of rendezvous. The 
residue of the troops included in this order are called out under 
State authority, and will be liable to serve so long as the emer- 
32 



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498 Annual Report of the 

gency which induced the call may exist, not exceeding three 
months. 

The designation of all the troops mentioned in this order is 
the City of New York and its vicinity.* 

The following la a sample of the spirited appeals that were made at this critical time, 
when New York was supposed to be threatened by an attack of the British forces: 
To the Spirited and Patriotic Young Men of the City of New York. 

Gentlemen.— The Constitution of these United States forbids the raising or keeping 
under pay large bodies of troops, in time of peace, for very cogent and prudential rea- 
sons. The numerous potentates of the old world have indeed an apology for standing, 
armies in their proximity to each other, and their consequent liability to sudden quar- 
rels. Be the plea however what it may, it is certainly a very dangerous investment 1ft 
the hands of an executive authority; it Is too generally the prop and breast-work of 
tyrants, and the Instrument of the moot galling oppression. The MILITIA Is impliedly 
our national Aegis. In time of peace, by this system, we are relieved from hear? 
pecuniary burdens; In war the militia should assume that efficient and formidable 
shape which would comport with the views and Justify the expectations of our govern- 
ment Our Interest and our patriotism are here associated, and go hand In hand. It 
Is a duty incumbent on every citizen of this Republic to qualify himself for its defence. 
The present threatening crisis more particularly demands a state of preparation. The 
advantages of Select Associations for military Improvement, must be evident to every 
man of reflection, and a decorous pride ought to stimulate every cltlien liable to mili- 
tary duty to enrol himself a member of such an association. The unmilitary conduot 
but too apparent in the uniformed bodies, understood and distinguished as Militia 
Companies, damps the ardour of the well-disposed privates, and disgusts those who 
have the misfortune to command them. The former, on this account, are too apt to fall 
Into the general levity— the latter into an unprofitable Indifference. The object of the 
meeting Is defeated; a death-wound is given to the spirit of emulation In both officer 
and soldier, and the whole rendered a ridiculous farce. Hence few men, having the 
capacity of commanders, are found prosecuting this arduous, unpleasant, and unprofit- 
able duty. 

With these preliminary observations we shall open to you the object of this com- 
munication. 

We have it in contemplation (and have flattering hopes of effecting our purpose) 
to raise a Company (a Battalion, or Regiment, should such be our success) of volunteer 
Infantry, differing materially from other independent military bodies, in the economy 
of dress, &c. A cheap, neat, and becoming uniform is fixed upon, calculated rather 
to give a soldierly appearance than to attract and please the eye of childhood— It to 
simply as follows: 

A blue broad-cloth roundabout, narrow rolling collar, single breasted, but- 
toned in front with bell buttons, a row each side extending to the top 
of the shoulder, with one on each side the collar— will cost about $15 00 

Beaver of a straight crown, about nine inches high, helmet front, dimin- 
ishing gradually towards the back, leaving there only half an Inch brim; 
a waving red plume, the staff of which supported by a stripe of broad 
gold lace, running from the base or rim of the hat, and forming a cock- 
ade near the top, with a narrow band of lace— will cost, at the extent, 
not more than 10 00 

Cartouch box covered with red morocco, secured round the waist by a belt 
of the same, to which the bayonet scabbard will be affixed— will cost 5 00 

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State Historian. 499 

The discretion vested in commandants of detached companies 
to receive substitutes at the rendezvous, requires them not to 
receive substitutes in the Artillery, rifle corps or light Infantry, 
unless such substitute be completely uniformed and equipped for 
the corps in which he is offered as a substitute; nor in the in- 
fantry unless the substitute be amply supplied with clothing for 
3 months' service, and equipped with a musket and bayonet, 
rifle, cartridge-box or pouch, and with a knapsack, blanket and 
canteen; and the commandants of companies are expressly for- 
bid receiving substitutes upon any other terms. 

Militia Officers are again reminded that the certificates of 
surgeons are not to be received as conclusive evidence of inability 
to serve, but that commandants are bound to enquire into the 
grounds of such discharge and to decide upon all the information 
and evidence they can obtain. And if any Commandant of Regi- 

Yellow nankeen pantaloons, black handkerchief, boots, together with a musket, com- 
pletes the dress and equipment. 

By this it win be seen, that the only supernumerary articles of equipment, over and 
above what is required of the militia, is the hat, jacket and cartouch box; making the 
actual extra expense but about thirty dollars, upon a liberal calculation. 

It has been suggested, however, that a Jacket of an Inferior quality of cloth will 
answer every purpose; a pattern of such a one will be exhibited in a day or two, the 
cost of which will be eight dollars, and will be delivered on the deposit of two dollars 
advance, and security given for the payment of the remaining six at a reasonable 
period. The whole can be furnished cheaper than the rates above stated, which is a 
calculation for articles of a superior quality. The Hat may be procured for 5 or I 
dollars; the cartouch-boxes, if a number are engaged and made by one person, will 
cost but three dollars. At this rate the dress will not exceed $17. The voice of the 
Company shall be necessary to make any future regulations (if any should be made) 
in dress, Ac. Directions will be immediately given, after the necessary arrangements 
are made, for such parts of the uniform as may be required, and the most firm reliance 
may be placed in the prudence, economy, integrity and taste of the projector. 

Should the plan meet with your approbation, and you have a desire of becoming 
members of such an association, we shall be gratified in seeing your names attached 
to the Roll, which is in the hands of Mr. George Asbridge, at No. 9 William, corner 
of Beaver-street. 

We are. Gentlemen, with much respect* 

Your friends and humble serv'ts, 

Isaac Merrick, John M. Elliott 

David Ludlow, Geo. Lovejoy, 

Stephen Keen, S. B. Brega. 

New York, August, 1814. 



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BOO Annual Report op the • 

ment, Battalion or other Militia Officer be notified that certifi- 
cates are given by surgeons, for reward or without due exami- 
nation and upon slight grounds, and shall not report such sur- 
geons for trial and punishment, the Officer so neglecting will be 
reported to the Council of Appointment for dismissal. 

All officers concerned in the execution of this order are re- 
quired to use their utmost exertions to carry it into prompt and 
complete effect and are strictly charged to represent to the Com- 
mander in Chief every other Officer under their respective com- 
mands who may be negligent, evasive or disobedient in the dis- 
charge of his duty. 

By order of the Commander in Chief: 

Robert Macomb, Aid-De-Camp. 



THE BBUSH-BLOOM CONTROVERSY SETTLED. 

•O. O. : Headquarters, Albany, Aug't 11, 1814. 

Brigadier General Leonard Smith, president of a board of ; Offi- 
cers appointed by a General Order of the twenty-third day of 
March last to settle rank between Majors John Brush and 
George Bloom, having reported a state of facts and the opinion 
of the board thereon, that Major John Brush has the priority of 
rank, the said report is confirmed and the board dissolved with 
the thanks of the Commander in Chief for the prompt attention 
to and regular discharge of the duties assigned to them. * 
By order of the Commander in Chief: 

SoPn Van Rensselaer, Adjutant General. 



ARTILLERY PREFERRED. 

G. O.: Headquarters, Albany, Aug. 12, 1814. 

The Commander in Chief directs, that if any person belonging 
to the infantry called into service by the general order of the 4th 



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State Historian. 5011 

instant, shall enter, completely equip, rendezvous and be mus- 
tered in any uniform company of artillery, Light infantry or 
riflemen of said detachment, his services in such company shall 
be accepted instead of service in the infantry; and being so mus- 
tered, he shall, upon the certificate of the commandant of such 
uniform company, be discharged from the infantry company by 
its commandant, who will make an entry thereof on the muster 
roll of the company. 

The muster rolls of the troops which actually served with 
Genl. Hopkins in 1813, may be examined at the office of Samuel 
Edmonds Esquire, Paymaster General of the Militia of the State 
of New York, at Mr. Higham's, corner of South-Market and 
Lydius Streets, Albany. An official certificate of Mr. Edmunds 
or of his clerk, will, of course, be received as evidence of the 
service of all those who were with Genl. Hopkins and who may 
not have received individual discharges from that service. 

The Brigade and other inspectors who may inspect and muster 
any part of the detachment, will make and duly certify three 
copies of the inspection returns and muster rolls according to the 
provisions of the 11th section of the act of Congress passed 
April 18th, 1814. The Adjutant General will forthwith furnish 
Brigadier Generals Samuel Haight and Martin Heermance with 
blank muster rolls and inspection returns for the purpose. 

The following regimental staff having been selected by Lieu- 
tenant Colonel Delamater for the regiment commanded by him, 
are assigned to that regiment and are to be respected and obeyed 
in their respective offices accordingly, vizt: Daniel S. Griswold, 
Adjutant; John Davis, Quartermaster; John P. Cox, Paymaster, 
Gamaliel Wheeler, Surgeon; David D. De Lamater, Surgeon's; 
Mate. 



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502 Annual Report of the 

The Senior Lieutenant Colonels of detached Regiments who 
have neglected to make return to the Adjutant General, of the 
Regimental Staff selected and assigned by them, pursuant to 
the General order of July 20th, are required to perform that duty 
immediately. 

By order of the Commander in Chief: 

Sol Van Rensselaer, Adjt. General. 



PROVIDING TRANSPORTATION AND FOOD FOR THE THREE THOUSAND. 

Adjutant General's Office, Albany, Aug't 14, 1814. 

On the arrival of the several detachments of militia ordered 
into service on the 4th instant, at their respective places of 
rendezvous, the commanding officers will report themselves and 
their corps to the commandant of the third Military District of 
the United States, or at the Headquarters of the Commander 
in Chief of this State in the City Hall. . No officer will be suf- 
fered to continue in the detachment unless he be completely 
uniformed and equipped according to law. 

The commanding officer at each rendezvous will procure water 
conveyance to New York for his troops, upon the most reasonable 
and economical terms; and should the Contractor fail to supply 
rations in season at the proper places, the commanding officer of 
the rendezvous will procure them at the contract price. Dupli- 
cate receipts must be taken for all expenditures and no ex- 
penses are to be incurred in expectation of reimbursement ex- 
cept such are provided for by existing laws. 

By order of the Commander in Chief: 

Sol Van Rensselaer, Adjt. Genl. 



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Statb Historian. 503 

the troops to be inspected. 
<J. O.: Headquarters, New York, August 27th, 1814. 

The detached division, consisting of the first brigade of Artil- 
lery and the third and tenth brigades of Infantry, will parade 
by brigade on Tuesday next, at an hour and at places of rendez- 
vous to be appointed by Maj. Gen. Stevens, and will then be 
formed into a division and be inspected and manoeuvred by the 
Maj. Gen. Every soldier is required to appear completely 
equipped according to law. 

The inspectors will be particularly careful to ascertain the 
quality and quantity of equipments, and will immediately re- 
port an inspection return to the Commander in Chief. It is 
recommended to the brigadiers, forthwith to consolidate and 
organize their respective brigades for actual service; to assign 
the officers who are to take the field; to cause notice to be given 
to every individual of that organization, of his place of rendez- 
vous, in case of sudden alarm, and of the officer whom he is to 
respect and obey on his arrival there. When they are thus or- 
ganized and notified, it is recommended that the officers as- 
signed to command assemble at least three times a week for 
improvement, and that times and places be designated for the 
non-commissioned officers and privates to meet for the same pur- 
pose, and that competent and confidential persons be employed 
to instruct them in discipline. 

The Commander in Chief has repeatedly urged upon the Mili- 
tia to equip themselves with a musket, &c, as is enjoined upon 
them by the constitution and laws. He trusts the emergency 
which threatens us cannot fail to awaken to this important duty 
the immediate attention of every patriotic citizen who has hither- 
to neglected it. 



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504 Annual Report op thb> 

It is recommended to the associations of exempts, organized 
in the City of New York, to attend to improvement in discipline 
as often as possible. 

Any of these corps or other associations of patriotic citizens, 
who may wish to parade and be inspected with the division on 
Tuesday, will report themselves to Gen. Stevens, and he is di- 
rected to assign them a station and have them inspected. 

The Commander in Chief cannot omit this opportunity of ex- 
horting the Militia and his fellow citizens of the southern dis- 
trict generally, to arm themselves and to turn their attention 
immediately and ardently to military instruction and discipline; 
and he renews the injunction upon the commandants of the 
Militia of Rockland, Westchester, Kings, Queens, Richmond 
and Suffolk counties to hold their corps equipped, and in readi- 
ness to take the field at a moment's warning. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



GENERAL STEVENS' DIVISION PUT INTO SERVICE. 

AND ORDERED TO THE DEFENCE OP NEW YORK CITY AND HARBOR. 

G. O.: Headquarters, New York, August 29th, 1814. 

The Division of Major-General Stevens,* detached and organ- 
ized by General Orders of the 20th July last, and the Twenty- 

* General Ebenezer Stevens was one of the most distinguished artillerists the war 
produced. He was one of the few officers, high in command, who witnessed the sur- 
render of Burgoyne in October, 1777, and of Corn wal lis in October, 1782. He was a born 
artillerist. During the Yorktown campaign he was in command of an Artillery Regi- 
ment and the day the British evacuated New York city, November 26, 1783, Stevens 
rode at the head of the Artillery of the American Army. He received the thanks of 
Congress for the meritorious services he rendered the American cause during the 
years 1776-1777. 

After the surrender of Burgoyne, Stevens was placed In command of the defences of 
the Hudson River, and it was due to his ingenuity that the great chain was stretched 
across the river at West Point. He early foresaw the great future of New York and 
was one of the first officers to realize Its defenceless condition. In 1798, the Chamber 
of Commerce of New York, fully alive to the dangers of their city in the event of a 



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State Historian. 505 

second brigade of Infantry, are ordered, pursuant to a requisi- 
tion for that purpose, into immediate active service, for the de- 
fence of the City and Harbour of New York. General Stevens' 
division and the twenty-second brigade of Infantry will rendez- 
vous on Friday next, the second day of September, at eight 
o'clock in the morning, at such place or places as Major General 
Stevens may assign. Upon the arrival of the troops at the place 
of rendezvous they will be reported to the commanding officer 
of the third military District. 

All corps of Exempts, enlisted volunteers, corps of sea fenci- 
bles and other associations of citizens who are disposed at this 
moment of danger to offer their services in defence of the coun- 
try, are earnestly requested to report themselves and repair to 
the field as soon as they have formed themselves into companies. 

The twenty-ninth brigade of Infantry will assemble as such 
place as Brigadier General Van Orden may appoint, on Saturday 
the 3rd of September next, at nine o'clock in the forenoon, where 
it will be consolidated into one regiment, and the field and staff 
assigned by the brigadier general. The troops will then pro- 
ceed immediately to New York, by water or land, as General 
Van Orden may direct, who will also have means of transporta- 
tion provided immediately. 

foreign war, dispatched him as their representative to the Congress, then in session 
In Philadelphia, with a petition for an appropriation to strengthen the fortifications 
around New York. He superintended the construction of the fortifications on Governors 
Island in 1800. 

Up to the time war between the United States and Great Britain was declared, in 
1812, he had been continuously in the militia service of New York State, as colonel, 
brigadier and major-general. He continued to be the senior Major-General of artillery 
until peace was restored in 1815. Gen. Stevens appears conspicuously in both of Trum- 
bull's great paintings, the Surrender of Burgoyne and the Surrender of Cornwallls. 

Gen. Stevens was born in Boston in 1752. He was one of the young men, who dis- 
guised as Indians, emptied the three hundred and forty-two chests of tea into Boston 
harbor from the three English ships, Darmouth, Eleanor and Beaver, in December, 
1773. During the last years of his life he amassed a large fortune as a merchant of 
New York, where he died September 2, 1823. He was one of the founders of the 
Tammany Society. STATE HISTORIAN. 



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506 Annual Report of the 

The detached regiments commanded by Lieut. Col. A. Vischer 
and Davis will rendezvous on Monday the 5th of September, at 
Albany and Troy, at ten o'clock in the forenoon, and being there 
consolidated into battalions by the respective brigadier gen- 
erals, will repair forthwith to New York. 

Brigadier General Parrington of Delaware county will im- 
mediately send one full regiment from his brigade to New York 
and will organize the companies with one captain, two lieuten- 
ant, one ensign, four sergeants, six corporals, two musicians, and 
ninety privates to each, and the regiment with four field officer* 
and the usual staff. 

Brigadier . General Jacob Odell will organize one full com- 
pany or troop of Horse Artillery from the first regiment of hi* 
brigade, and one full company or troop from the second regi- 
ment; Brigadier General George D. Wickham will organize and 
send to New York immediately two full troops of cavalry of hi* 
brigade, with one major to be selected by him. 

The troops of Horse Artillery and Cavalry will form one 
squadron to be commanded by Lieut. Col. James Warner. 

The commandant of the Militia of Saratoga county will order 
one full battalion of Militia from his brigade to repair to New 
York, without a moment's delay. The brigadier general will not 
wait for a draft or detachment, but will order a regiment en 
masse to be consolidated into a battalion, if necessary, with one 
Lieut. Colonel, one major, and one adjutant for field and staff. 

One full battalion will be ordered in like manner, from each 
of the following brigades of infantry, viz: the twelfth, nineteenth, 
twentieth, twenty-third, thirtieth, thirty-first, thirty-fourth and 
thirty-seventh, to be ordered out en masse and organized and to 
march immediately. 



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State Historian. 50T 

The Artillery, light-infantry and grenadier companies of the 
counties of Albany, Schenectady, Ulster, Sullivan, Rensselaer, 
Columbia, Dutchess and Delaware counties, with so many of 
their officers as may be in proportion to the number of men in 
each, will immediately assemble and repair to New York and 
report themselves to the commanding officer of the third military 
district. 

The commandants of artillery will take with them their field 
pieces and equipments, and will provide transportation for their 
men upon the most economical terms. Every officer and man 
embraced in this order is to provide himself with at least four 
days' provisions, ready cooked, and will be authorized to draw 
back rations, in consideration thereof on his arrival at New 
York. The personal equipments of a soldier are, a musket and 
bayonet oar rifle, cartridge-box and bayonet belt, knapsack^ 
blanket, canteen, and twenty-four rounds of ammunition. 

The crisis has arrived when the culpable remissness which has 
hitherto prevailed among militia officers, in respect to deficien- 
cies of equipments among their men, is seriously felt; all indul- 
gence in this point must henceforth cease; it has always been per- 
nicious, but now becomes criminal. Every officer and soldier, 
therefore, is enjoined strictly to comply with the requisitions 
of the law in this respect, and is assured that all delinquencies 
hereafter- will be rigidly noticed and severely punished. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



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508 Annual Report op the 

THE GOVERNOR'S ENERGETIC MEASURES. 

HE MAKES AN APPEAL FOB VOLUNTEERS FOR A REGULAR BODY OF 
TROOPS FOR THE DEFENCE OF NEW YORK. 

New York, August 29th, 1814. . 
. The Commander in Chief is desirous of organizing a regular 
corps of troops of one or two thousand men, including officers, 
for three months' service, and to be continued, if sanctioned by 
the Legislature, for 12 months, or during the war. He will 
allow the same pay to the officers as is allowed to the officers 
of the Army, and an addition of two dollars p'r month to non- 
commissioned officers, musicians and privates in lieu of bounty 
and clothing, with such other encouragements as the Legisla- 
ture will be pleased to grant. The organization of companies, 
Regiments and of the Brigades will be according to United 
States regulation, and their uniform, which will be provided by 
themselves, plain and cheap. 

The Commander in Chief will commission officers upon the 
Corps being enlisted. Their services will be confined for the 
present to the defence of the Seabord of the State of New York, 
and they will be subject to the orders of the Commander in Chief 
of this State until Legislative provision may be made. 

By .order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



AND CALLS FOR VOLUNTEERS TO ORGANIZE A BATTALION OF SEA 

FEXCIBLES. 

G. O.: Headquarters, New York, 29th August, 1814. 

The Commander in Chief will organize a battalion of sea fenci- 
bles upon the plan of organization prescribed by the Act of Con- 



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State Historian. 509 

grese relative to that Corps, to act, either by sea or land, in 
defence of the City and Harbour of New York and its vicinity. 

Captains, Mates and Mariners generally are invited to form 
such Corps immediately. The officers will be commissioned as 
soon as Companies may be enlisted. 

By order of the Commander in Chief: 

Anthony Lamb, A-d-C. 



ORDNANCE SUPPLIES SO SCARCE THAT THE GOVERNOR MAKES APPEAL 
TO CITIZENS FOR THEIR PERSONAL ARMS. 

G. O.: Headquarters New York, 29th August, 1814. 

The Commander in Chief, having been informed that several 
Inhabitants of this City are possessed of cannon, muskets, broad- 
swords, pistols and other military articles which are not wanted 
for their own private use, and which will be of service to the 
public in case of invasion, requests that every Inhabitant having 
articles of that description in his possession will report them to 
the Commissary of Military Stores at the State Arsenal, where 
such of them as may be fit for use will be received and paid for. 
By order of the Commander in Chief: 

Anthony Lamb, A. D. C. 



WASHINGTON IRVING AS A WARRIOR. 

THE FIRST ORDER HE ISSUES IS IN FAVOR OF CHAPLAIN WBSTBROOK. 

G. O. : Headquarters, New York, August 30th, 1814. 

The Reverend Mr. Westbrook having been selected by Briga- 
dier General Heermance for Chaplain of his Brigade of Detached 
Militia, is hereby assigned and brevetted accordingly, and the 
Commandants of Regiments of that Detachment are to dispense 
with the appointment of Regimental Chaplains. 
By order of the Commander in Chief: 

Washington Irving, Aid-De-Camp. 



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510 Annual Report of thb> 

general stevens' command complimented. 
G. O.: Headquarters, New York, 2d Sep'r, 1814. 

The Commander in Chief has witnessed with high satisfaction 
the alacrity with which the division under the command of Major 
Genl. Stevens has entered into actual service. The equipment 
and soldierlike appearance of the troops, and the large number 
of Volunteers that has joined the Division give honorable testi- 
mony of the military and patriotic spirit, which at this interest- 
ing crisis animates all ranks and conditions. It is such generous 
zeal, such unanimity of feeling and action that constitutes the 
real strength of a free community. 

The Division being now transferred to the command of Major 
General Lewis for a term of service, the Commander in Chief, 
while he expresses the pride he feels in being able to* the 
national demand so fine and formidable a body of men, ex- 
horts them to persevere in the punctual performance of their du- 
ties as citizens and soldiers; to exert themselves to the utmost to 
deserve the approbation of their present commandant, and never 
for a moment to forget, that, to their courage and good conduct 
are confided the safety of their firesides, the protection of their 
families, the welfare and reputation of their city, and the honor 
of the nation. 

By order of the Commander in Chief: 

Washington Irving, Aid-De-Camp. 



QUARTERMASTERS PUT UNDER BONDS. 

G. O.: Headquarters, New York, 8th Sept., 1814. 

The Division of Quartermasters of the Militia ordered into ser- 
vice in the 3d Military District are severally required to execute 

•A word or words mining. 

STATE HISTORIAN. 



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State Historian. 511 

bonds to the United States with satisfactory sureties in the pen- 
alty of |15,000 each. The Brigade Quartermasters and Assistant 
Dep. Quartermaster Generals will execute bonds with sureties 
in the penalty of 10,000 Dollars each, and Regimental Quarter- 
masters will execute bonds with sureties in the penalty of 5,000 
Dollars each, the sureties to be approved by the Quartermaster 
Oeneral of the District. The Regimental Paymasters will execute 
bonds with such sureties and in such penalties as Samuel Edmunds 
Esquire, Principal Paymaster of Militia, shall approve and direct. 
The Militia Quartermasters of every grade in this district are re- 
quired to report themselves immediately to the Quartermaster 
General of the District and will make no contracts, payments or 
requisitions otherwise than through the head of the Department. 
The paymasters will report themselves to Mr. Edmunds at Tam- 
many Hall and will act under his orders. 
By order of the Commander in Chief: 

Washington Irving, Aid-de-Camp. 



RENSSELAER COUNTY VOLUNTEERS ORDERED TO THE DEFENCE OF THE 
NORTHERN FRONTIER. 

Albany, Sept. 10th, 1814. 
James H. Price and others of Rensselaer County, having volun- 
teered their services to the United States as a company for ac- 
tual service, the services are accordingly accepted, and the Com- 
pany ordered into service for the defence of the Northern frontier 
under the Command of Brigadier General Gilbert Eddy. The 
officers assigned to the Company are James H. Price Captain, 
Henry McCarty 1st Lieutenant, David Wilson, 2nd Lieut., and 
Benjamin H. Leake, Ensign. It must be understood that the 
company is not to draw from other Officers persons already or- 



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512 Annual Report op the 

dered into service; and that no more officers will be received in 
service than shall be in proportion to the number of men. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-De-Camp. 



CAPT. CARSON RANKS CAPT. WILLIAMS. 

G. 0.: Headquarters, Albany, Sept. 10th, 1814. 

Lieut. Col. Van Schoonhoven, president of a board of Officers, 
organized by a General Order bearing date the 29th day of July 
last to determine the relative rank of Captains Thomas Carson 
and John R. Williams of the Eighty-ninth Regiment of Infantry, 
having performed the duty assigned them and reported 
that Capt. Thomas Carson holds and is entitled to rank therein 
prior and superior to Capt. John R. Williams, the said report is 
approved and confirmed and the board of Officers dissolved with 
the thanks of the Commander in Chief for their services. 
By order: 

Anthony Lamb, Aid-De-Camp. 



GEN. MAPES' STATEN ISLAND TROOPS ORDERED TO THE NARROWS. 

New York, September 8th, 1814. 

Sir : You are requested to call into service, on Monday or Tues- 
day next, that part of your Brigade which is on Staten Island. 
There are quarters and tents at the State Works at the Narrows 
for nearly seven hundred and fifty Men, in addition to the force 
now stationed there. 

There are also quarters at the Quarantine and in two public 
Stores (which Mr. Gelston consents should be occupied for the 
purpose), for 400 or 500 Men. I presume, therefore, Genl. Lewis, 
upon application to him, will order the Staten Island Battalion 



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State Historian. 513 

to encamp in tents at the Narrows or remove those tents to red- 
bank in Prince's bay and encamp them there, or send them to the 
public buildings at the Quarantine ground; and I must refer you 
to Major Genl. Lewis for the purpose; if they are to occupy the 
Quarantine ground, the Quartermaster must have some repairs,, 
and cleaning done before their arrival. 
I am, respectfully, 

Yours, &c, 

(Signed.) D. D. Tompkins. 
Brig'r Genl. J. Mapes. 



REGIMENTAL CHANGES. 

G. O.: Headquarters, 15th Sept'r, 1814. 

The Battalion under the command of Lieut. CoPl Smith of 
Orange, and that under the command of Lieut. Coll. Woodward 
of the same County, are organized into a Regiment, to be Com- 
manded by Ooll. Smith, with the following field and Staff: Major, 

Barnabas Many; James Faulkner; Adjutant 

Brewster; Quartermaster John Miller; Paymaster James Grant 
Junior; Surgeon Robert C. Hunter; Surgeon's Mates William H. 
Newkirk and Charles Douglass. 

Lieut. Col. Woodward and Adjutant James Bingham will be 
discharged from service so soon as the consolidation shall be 
completed; the first, to enable him to attend the Legislature of 
which he is a member; and the second, on account of his being a 
supernumerary Officer. 

Lieut. CoPl Bevier's Battalion and Lieut. Colonel Connors 7 of 
Richmond County, are likewise to form a Regiment, to be com- 
manded by the Senior Lieut. Coll. The Regimental Staff will be 
assigned in a future Order. The two Regiments mentioned in this 
83 



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514 , Annual Report op the 

Order and a detachment of Horse Artillery from the Richmond 
troop, form one Brigade to be commanded by Brigadier Genl. 
John Swartwout. 

By order of the Commander in Chief: 

Washington Irving, Aid-de-Camp. 

GO.: Headquarters, Albany, 15th Sept., 1814. 

Truman Hicks is bre vetted and assigned as Adjutant, Jonathan 
Kellogg as Quartermaster, and Burr Hendrick as Paymaster of 
a Regiment of detached Militia whereof John Prior is Lieut- 
Colonel Commandant, and they are to be obeyed and respected 
accordingly. 

By order of the Commander in Chief: 

W. Irving, Aid-de-Camp. 



SACKETT'S HARBOR REPORTED TO BE IN DANGER. 

AND THE GOVERNOR PROMPTLY ORDERS REINFORCEMENTS TO ITS 

SUPPORT. 

G. O.: Headquarters, Albany, October 3rd, 1814. 

The Commanding officer at Sackett's Harbour, having declared 
that Post in imminent danger of invasion and attack, his Excel- 
lency, the Commander in Chief, directs the Corps of Riflemen in 
the County of Madison under the command of Capt'n Bennet 
Bicknell and Capt'n Eri Richardson, to march without delay, 
properly armed and equipped, to the defence of that Post, on the 
receipt of orders to that effect from Brig'r Gen'l Jabez Hurd. 
By order of the Commander in Chief: 

Washington Irving, Aid-de-Camp. 

G. O.: Headquarters, Albany, October 3rd, 1814. 

The Commanding officer of the troops and post of Sackett's 
Harbor, having declared that post and the neighboring frontier 



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State Historian. 515 

in immediate danger of invasion, the following Brigades, or any 
specified parts thereof, will march without delay to such rendez- 
vous as shall be assigned them by special orders from the com- 
manding officer at the Harbour: 

The thirteenth Brigade in the County of Oneida commanded by 
Brig'r Genl. Oliver Collins; 

The Herkimer Brigade under the command of Brig'r Oenl. 
James Haile; 

The Brigade under the command of Brig'r Genl. Walter Martin, 
and the remainder of the Militia of the County of Jefferson. 

The officers will be particular in having the men armed and 
equipped, conformably to law. Wilful delinquencies in this re- 
spect have become so frequent, they will be henceforth noticed 
and the legal penalties strictly enforced. 

By order of the Commander in Chief: 

Washington Irving, Aid-de-Camp. 

Q. O. : Headquarters, Albany, October 5th, 1814. 

Brigadier Genl. Collins, commanding the post of Sackett's Har- 
bour, will make such requisitions on the Deputy Quartermaster 
General or such purchases of Camp equipage or hollow ware as 
may be deemed necessary for the Militia forces actually at the 
Harbour, and those that may rendezvous there and in its vicinity, 
conformably to General Orders of the 3rd instant. 

By order of the Commander in Chief: 

Washington Irving, Aid-de-Camp. 

G. O. : Headquarters, Albany, October 7th, 1814. 

The Commanding officer at Sackett's Harbour having declared 
that post in imminent danger of attack, you will lose no time in 
assembling the forces under your command and marching them to 



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516 Annual Report op the 

Watertown, where they will report themselves, either to GenL 
Collins, or to such officer as he shall have appointed to receive the 
troops that shall arrive there. It is strictly enjoined that the 
men come armed and equipped according to law. Delinquencies- 
will be noticed and the legal penalties enforced. 
By order of the Commander in Chief: 

Washington Irving, A-d-C. 



DISPUTES OVER RANK IN THE THIRTIETH REGIMENT. 

Albany, October 12th, 1814. 

A Board of officers is hereby appointed to settle the rank of the 
officers of the Thirtieth Regiment of Infantry, and particularly to 
enquire and report the facts upon the relative rank of the late 
Adjutant, Jeffery Wisner and Capt'n Samuel Johnson, and the 
other Captains of the Regiment, at the time the said Jeffery 
Wisner was promoted to the office of the first Major of said Regi- 
ment; and also the relative rank at that time of the said Jeffery 
Wisner and Captain Benedict, since appointed second Major. 

The board will consist of Brigadier General James W. Wilkin, 

President; and Lieutenant Colonel Abraham Vail, Major David 

M. Wescott, Captain Hezekiah Moffatt and Capt'n Hezekiah 

Watkins, members. The board will meet at such time and place 

as the President shall appoint, and the President will notify 

Majors Wisner and Benedict, and Capt'n Johnson of the time 

and place of meeting, and without delay report the facts and 

opinion of the board thereon. 

Daniel D. Tompkins. 



A COMPANY DISBANDED. 

G. O.: Headquarters, Albany, 17th October, 1814. 

The Commandant of the One hundred and fifty-first Regiment 
of Infantry, having pursuant to the 30th section of the Militia 



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State Historian. 517 

law, reported the disbandment of a company of light Infantry 
heretofore belonging to said Regiment, whereof Thomas P. Dixon 
was Captain, Calvin Saxton, Lieutenant, and Martin Barber, 
Ensign; the Commander in Chief hereby publishes the said dis- 
bandment according to the provisions of the before mentioned 
section. 

By order of* the Commander in Chief: 



GOVERNOR TOMPKINS ASSUMES COMMAND OP THE THIRD MILITARY 
DISTRICT OP THE UNITED STATES. 

Headquarters, The 3rd Military District of the United States, 
October 28th, 1814. 
G. O.: 

The President of the United States having committed the 
charge of the third Military District to the Commander in Chief 
of the Militia of the State of New York, he this day assumes the 
command. The troops will be reviewed the course of the ensu- 
ing week. In the meantime, he enjoins upon them a persever- 
ance in that attention to discipline and duty which has hitherto 
distinguished them. Headquarters will be kept for the present 
at the City Hall, where officers having charge of departments in 
this District will forthwith report the state of their (respective 
commands. 

By order of his Excellency Daniel D. Tompkins, Command- 
ing the third Military District. 

Thorn's Chrystie, Asst. Adj. General. 



VOLUNTEERS FOR THE UNITED STATES SERVICE. 

G. O. : New York, Dec. 5, 1814. 

Brigadier-General Mapes will detach two companies from his 
brigade of infantry, for the service of the United States; and 



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518 Annual Report of the 

Brigadier General Steddiford will, for the like service, detacb 
two companies, from his brigade of infantry. The companies 
will be organized with one captain, two lieutenants, two ensigns, 
eleven non-commissioned officers, two musicians and ninety pri- 
vates each. Volunteers for this purpose may be received by the 
commandants of brigades. The companies are to be ready for 
duty by Thursday morning next. Their station when in service, 
will be at or near Harlem, and their term of service three 
months, unless sooner discharged. 

By order of the Commander in Chief: 

Anthony Lamb, Aid de-Camp.. 



ASSIGNMENTS OF OFFICERS. 

G. O.: Headquarters, City Hall, October 4th, 1814. 

John P. Decatur esquire, is assigned as Major of Lt. Col. Bel- 
knapp's regiment called into service and organized by general 
orders July 20th and August 4th last. 
By order of the Commander in Chief: 

Robt. Macomb, Aid-de-Camp, and Lt. Colonel. 

G. O.: Headquarters, New York, Oct'r 7th, 1814. 

Isaac Q. Leake Esquire is assigned as Paymaster of Lt. Col. P. 
Farrington's regiment, called into service by General Orders of 
29th of August last. 

By order of the Commander in Chief: 

R. Macomb, Aid-de-Camp and Lt. Col. 

G. O. : Headquarters, Albany, January 11th, 1815. 

John H. Steel is assigned as Surgeon of the Detachment of 
Militia on duty at Haerlem and of the Veteran Corps on duty at 
the State Arsenal in the service of the United States in the third 



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State Historian. 519 

Military District, who will report himself to Brig'r Gtenl. Boyd 
at the City of New York. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



paymasters called upon to prevent speculation. 
G. O.: Headquarters, Albany, Jany. 14th, 1815. 

The Paymasters of the Militia and Volunteers of the State of 
New York are strictly charged and required to pay to every non- 
commissioned officer, Musician and private in person, where it be 
practicable, the full amount of pay due him either from the 
United States or the State of New York, and to use every pre- 
caution in their power to defeat speculation or imposition upon 
the Volunteers or Militia by purchases of their pay. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



ENGLAND AND THE UNITED STATES AT PEACE. 

THE COMMANDER IN CHIEF PROMULGATES THE NEWS APPROPRIATELY 
ENOUGH ON THE ANNIVERSARY OP WASHINGTON'S BIRTHDAY 
WITH A CONGRATULATORY ORDER TO THE TROOPS. 

G. O.: Headquarters, Albany, 22nd February, 1815. 

The Commander in Chief announces, with the most heartfelt 
satisfaction, to the Militia of the State of New York, the ratifica- 
tion of a treaty of peace between the United States and Great 
Britain. In congratulating them on this auspicious event, he 
cannot withhold an expression of his praise and gratitude for 
the promptitude and fidelity with which they have on all oc- 
casions obeyed those various calls of service in defence of the 
State, which its safety compelled him to make. While he ap- 



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520 Annual Report op the 

plauds their soldier-like deportment in arms, and the fortitude 
which they have evinced under the sufferings and privations of 
war, he cannot but hope that the accomplishment of an honor- 
able peace, the smiles of an approving conscience and the grati- 
tude of a virtuous and patriotic people will be regarded by them 
as an ample reward for their many. sacrifices. 

The Commander in Chief is especially charged by the Presi- 
dent of the United States to convey to the Militia of this State 
his thanks for the patriotism, zeal and perseverance so emi- 
nently displayed by them in defence of the rights of their 
country. 

By order of the Commander in Chief: 

SoPn Van Rensselaer, Adjt. General. 



GEN. MORTON SUCCEEDS GEN. STEVENS. 

O. O.: Headquarters, Albany, March 4th, 1815. 

Brigadier General Jacob Morton having beeen promoted and 
appointed by the Council of Appointment to the rank of Major 
■General of the Artillery of the State, in the place of Major Gen- 
eral Stevens, resigned, Brigadier General Peter Curtenius is 
assigned to the command of the first brigade of Artillery in the 
stead of General Morton and will be obeyed and respected ac- 
cordingly. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de Camp. 



SERIOUS CHARGES AGAINST OFFICERS. 

G. O.: Albany, March, 28th, 1815. 

Sundry complaints having been exhibited to the Council of 
Appointment against Captain John Tyson, Lieutenant Sylvanus 
Decker, Lieutenant John Burbank, and Ensign John Miller of 



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State Historian. 521 

the County of Richmond, officers in the late detached Militia in 
service of the United States, of the following import, to wit: 

1st. That the said John Tyson, Sylvanus Decker, John Bur- 
bank, and John Miller, on the drawing of rations for the Com- 
pany under their respective Command, kept back and retained 
for their own use, a part of the rations which they received for 
the Privates under their Command; 

2d. That the said officers sold and disposed of a part of the said 
rations without the advice or consent of their Company and 
neglected to render satisfactory accounts for the same; 

3d. That the said John Tyson demanded and exacted from a 
number of the said Privates the sum of six pence each, under 
pretence of pay for distributing amongst them the money he 
received for and in lieu of a part of their rations; 

4th. That the said John Tyson and John Burbank behaved in 
an unofficerlike manner in this, that the said John Tyson and 
John Burbank did on parade, on or about the twenty-ninth day 
of October, in the said year, enter into a dispute about politics 
with one Francis Houghwout who was then and there on duty, 
acting as a private. 

And the said Council of Appointment having requested the 
Commander in Chief to institute an enquiry into the facts in re- 
lation to the said complaints; the Commander in Chief hereby 
organizes a board of officers to constitute a Court of Enquiry 
for the above purpose, to consist of the following members, to 
wit: Brigadier General Curtenius, Lieut't Colonel Beekman M. 
Van Beuren, Lieut't Col. Wm. W. Todd, Major Charles Graham 
and Captain Peter H. Schenck, of whom the first named to be 
President, and Capt'n J. L. Riker, Judge Advocate. The board 
will meet at the Village of Richmond on Monday the seven- 



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522 Annual Report of the 

teenth day of April next at ten O'clock at such place as the 
President of the Court shall designate for the purpose. The 
Judge Advocate will cause at least five days' notice of the time 
and place of meeting to be given to the officers thus complained 
of, and also to Benjamin B. Kinsey, Abraham Prall, Barnet 
Simonson, John Van Pelt, Abraham Houghwout, John Depui, 
Cornelius Christopher, Abraham Crocheron, Isaac Houghwout, 
Paul Laturel and William Briggs, non-commissioned officers 
and Privates of the said Company. The President of the board 
will report the facts to the Commander in Chief as soon as may 
be practicable thereafter. 

By order of the Commander in Chief: 

Ant'y Lamb, Aid-de-Camp. 

G. O.: Albany, March 22d, 1815. 

Complaints having been exhibited to the Council of Appoint- 
ment by a Commissioned officer against Jacob R. Vandeberg, 
Lieut't Colonel, and Doctor Henry Adams, Surgeon, of the sixth 
regiment of Infantry, for that they respectively asked and re- 
ceived from Andrew Van Slyck, a private in Captain C. Hogh- 
taling's Company, the sum of one dollar, for giving a certificate 
to said Van Slyck of hi^ inability to perform military duty, in 
violation of the Statute in that case made and provided, and of 
their duty as officers; 

The Commander in Chief hereby appoints a Court Enquiry 
to investigate the said Complaint; the Court will consist of 
Lieut't Colonel John T. Van Dalfsen, President, and of Lieut't 
Col'l Ezra Post of Durham, Major Isaac Dubois of Catskill, Major 
Eli Hutchinson of Rensselaerville, and Lieut't Mark Spencer of 
Catskill, members. Captain Robert Dorian is assigned to be 
Judge Advocate of the Court. The Court will meet at such time 



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State Historian. 523 

and place as the President thereof shall appoint, of which meet- 
ing the Judge Advocate will notify Lieut. Col. Vanderburgh, 
Doctor Henry Adams, and Captain Henry Houghtaling. The 
President will report the proceedings of the Court to the Com- 
mander in Chief without delay. 

By order of the Commander in Chief: 

Solomon Van Rensselaer, Adjutant General. 

G. O.: Headquarters, Albany, April 20th, 1815. 

In compliance with the request of the Council of Appointment 
expressed in the annexed extract of their Minutes, the Com 
mander in Chief organizes a Board of officers to examine and re 
port the facts touching the complaints specified in the said Min 
utes, to consist of Lt. CoPl John T. Van Dalf sen, President; Lt 
Col. Charles E. Dudley, Major Eli Hutchinson, Major John 8, 
Beekman, and Lieut. Abraham Y. Lansing, members; Capt 
James King of the Cavalry, Judge Advocate. 

The President will appoint the time and the place in the town 
of Bethlehem, for the meeting of the Court, and the Judge Advo- 
cate will cause a Copy of the minutes containing the complaints 
and notice of the time and place of meeting of the Board at least 
five days previously to the Meeting. And the President will wth- 
out delay, report the proceedings of the Board to the Commander 
in Chief. 

By order of the Commander in Chief: 

Sol V'n Rensselaer, Adjt. General. 

N. B. A copy of the Council minutes certified by the Secretary 
was annexed to this Order. 

G. O.: * Headquarters, New York, May 13, 1815. 

The Court of Inquiry, whereof Brigadier General Curtenius is 
president, having made a report of facts, upon the charges sub- 



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524 Annual Report of the 

mitted to them against Captain Tyson and others, whereby it ap- 
pears that those charges are wholly unfounded, and that the 
officers against whom they are preferred are honorably acquitted 
thereof, the Commander in Chief is pleased to confirm the report 
so made, and he hereby dissolves the Court, with his best 
acknowledgment of the prompt and intelligent manner in which 
the duties assigned to the Court have been discharged. 

Brigadier General Mapes will cause this order to be communi- 
cated to the regiment of infantry in Richmond county, for the 
information of the parties concerned. 
By order of the Com'r in Chief: 

Robert Macomb, Aid de-Camp. 



ANOTHER DISPUTE OVER RANK. 

Headquarters, Castleton, Staten Island, August 5th, 1815. 
Q. O.: 

At the request of Major Stephen Price of the third brigade of 
Infantry, a board of Officers is instituted to settle the relative 
rank and right to promotion of Lieut. Col'l Joseph D. Fay and 
Major Price, at the time of the promotion of the former; and also 
the relative rank of Major Price and the other Majors of the said 
Brigade. The board will consist of Major General Morton, Presi- 
dent, and Lieutenant Colonels Laight, Paulding and Blackwell, 
and Major Charles Graham, members. The time and place of the 
meeting of the board will be fixed by the president, who will cause 
notice thereof to be served on Messrs. Fay and Price, and on the 
other officers concerned; and who will also without delay report 
to the Commander in Chief the facts and the opinion of the board 
thereon. 

By order of the Commander in Chief: 

Robt. Macomb, Aid-de-Camp. 



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State Historian. 525 

a rifle company organized in tompkins, delaware county. 

Headquarters, Castleton, Staten Island, August 10th, 1815. 
G. O.: 

The Commander in Chief is pleased to sanction the organization 
of an uniform rifle company in the Town of Tompkins and County 
of Delaware, with Nathaniel Webb Captain, Benjamin Hathaway 
Lieutenant, and Gilbert Dickerson Ensign, who are to be obeyed 
and respected accordingly, until the pleasure of the Council of 
Appointment be expressed. 

By order of the Commander in Chief: 

Robt. Macomb, Aid-de-Camp. 



PROMOTIONS AND ASSIGNMENTS. 

G. O. : Headquarters, Albany, Sept'r 5th, 1815. 

In consequence of the resignation of First Major John S. Beek- 
man of the Eighty-ninth Regiment of Militia commanded by lieu- 
tenant Colonel Sebastian Visscher, and of vacancies existing in 
the said Regiment, the following promotions and appointments 
are made therein by Brevet, until the pleasure of the Council of 
Appointment shall be expressed on the same; to wit: John Lush, 
First Major; Garret Le Grange, second Major; Joseph Dennison 
and Hallenbake Stafford Captains; Henry B. Davis, James Black 
and Edward S. Kennicut Ju'r, Lieutenants; Henry Loucks, Daniel 
Skinner and Hezekiah Scovill, Ensigns. 
By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 

. G. O.: Headquarters, Albany, Sept'r 25th, 1815. 

Henry Stockwell is assigned as Lieutenant and John Keeling as 
Ensign of a Company of riflemen commanded by Capt. Sidney 



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526 Annual Report op the 

Dole, in the second Regiment of Riflemen and will be obeyed and 
respected accordingly, until the pleasure of the Council of Ap- 
pointment shall be known. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



ARTILLERY OFFICERS ORDERED TO MAKE RETURNS. 

G. O.: Headquarters, Albany, Sept'r 26th, 1815. 

Officers commanding Companies of Artillery in the Militia of 
this State will make a special return to the Adjutant General of 
their respective Companies, and of the field pieces and equipments 
attached to the same; the return of Field pieces, &c, to be made 
separately from that of the Company for the information of the 
Commissary General of Ordnance and Military Stores. Officers 
are specially charged to attend to the execution of this Order, as 
a neglect to comply with its requisitions will be rigidly punished. 
All field pieces not returned will be collected by the Assistant 
Commissaries and deposited in the Arsenals in their respective 
districts. 

By order of the Commander in Chief: 

Anthony Lamb, Aid-de-Camp. 



GEN. COLES RESIGNS. 

Headquarters, Castleton, Staten Island, Sept'r 27th, 1815. 
G.O.: 

Major General Nathaniel Coles having resigned, the Com- 
mander in Chief accepts his resignation, with thanks for his long 
and faithful military Services. Major General Steddiford is as- 
signed to the command of the first Division of Infantry in the 



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Statu Historian. 527 

place of Major General Coles, and is to be obeyed and respected 
accordingly until the pleasure of the Council of Appointment on 
the subject shall be expressed. 

By order of the Commander in Chief: 

Robert Macomb, Aid-de-Camp. 



A COURT OP INQUIRY PAILS TO ESTABLISH LT. COL. OOPPIN'S OLAIM. 

Headquarters, Castleton, Staten Island, October 9th, 1815. 

G. O.: 

« 

At the request of Lieutenant Colonel John Coffin, of the Tenth 
Brigade of Infantry, a Court of Inquiry is organized to investi- 
gate the legality and propriety of a brigade order of the said 
brigade of the 25th of August, assigning Lieutenant-Colonel 
Christian to the actual command of the Seventy-fifth Regiment 
of Infantry, previously and at the time of the Order, commanded 
by Lieutenant Colonel Coffin. The Court will consist of Briga- 
dier General Mapes as President, and of Brigadier General Jacob 
Odell, Brigadier General Jeremiah Johnson, and Lieutenant 
Colonels Black well, Mount and Irving of the third brigade of 
Infantry, and Major Fanning C. Tucker of the horse Artillery, as 
Members. Major Charles Graham is assigned as Judge Advo- 
cate. The Court will meet at Tammany Hall in the City of New 
York, on the twenty-second day of October instant, at ten 
O'Clock in the forenoon. The Judge Advocate will notify the 
several Members of the time and place of meeting, and also Gen- 
eral Ward, Lieutenant Colonel Coffin, and Lieutenant Colonel 
Christian. The President of the Court will report the facts and 
the opinion of the Court thereon. 

By order of the Commander in Chief: 

Bobt. Macomb, Aid-de-Camp. 



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528 - Annual Report op the 

Headquarters, Castleton, Staten Ieland, 4th November, 1815. 
G. O.: 

The President of the Court of Inquiry instituted by General 
Order of the 9th of October last, having reported that the said 
Court has adjudged unanimously that there was nothing illegal 
or improper in the Order of the tenth Brigade of Infantry of the 
date of the 25th day of August last, the said report is approved 
and confirmed by the Commander in Chief, and the said Court is 
dissolved, with his thanks for the prompt, faithful and intelli- 
gent Attention of its members to the investigation and decision 
of the question submitted to their consideration. 

By order of the Commander in Chief: 

Robt. Macomb, Aid-de-Camp. 



COL. IRVING MADE TEMPORARY DIVISION INSPECTOR. 

G. O.: Headquarters, Albany, Dec'r 8th, 1815. 

Lieutenant Colonel Ebenezer Irving is assigned to do the duty 
of division Inspector of the first Division of Infantry, during the 
absence of Lieutenant Colonel Ward on a voyage for the restora- 
tion of his health, and Colonel Irving will be obeyed and re- 
spected accordingly. 

By order of the Commander in Chief: 

SoPn V'n Rensselaer, Adjutant Genl. 



The peace establishment of the regular army as fixed by law May 30, 1796 after the 
Indian wars, when Major-General Anthony Wayne was the General in command, was 
as follows: 

GENERAL STAFF. 

One Major-General; one Brigadier-General; one Adjutant and Inspector General; one 
Quartermaster; one Paymaster; one Judge Advocate; two Brigade Inspectors; two As- 
sistant Paymasters; ten Surgeon's Mates. 



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State Historian. 529 

regiment and corps.' 

Cavalry— Two troops of Dragoons; two Captains; four Lieutenants; and 2 cornets. 

Corps of Artillerists and Engineers— One Lieutenant-Colonel Commandant; four 
llajors; 16 Captains; 32 Lieutenants; one Surgeon; four Mates. 

Infantry— Four regiments, each under one Lieutenant-Colonel Commandant; two 
Majors; eight Captains; eight Lieutenants and eight Ensigns. 

Under this organization the regular army numbered less than 6,000 men. 

THE ARMY INCREASED BY THE THREATENED WAR WITH FRANCE. 

1798-1799. 

The Country began to prepare for the threatened war with France in the spring of 

1798, and by an Act passed April 27th, an additional regiment of Artillerists 
and Engineers was ordered to be raised. An appropriation of $88,000 went with 
the bill. The Provisional Army bill authorized the President in case of an actual dec- 
laration of war or invasion to enlist for three years 10,000 men to be raised in companies 
of volunteers of artillery, cavalry or infantry. He was authorized by and with the 
advice and consent of the Senate to appoint an Inspector General with the rank of 
Major-General; an Adjutant-General with the rank, pay, and emoluments of a Briga- 
dier: two Major Generals and three Brigadier-Generals, in addition to the present es- 
tablishment, and to appoint from time to time assistant Inspectors to every portion of 
the army. In his discretion he was permitted to appoint a Quarter-Master-General; a 
Physician-General, and Paymaster-General. By the Act of June 18th, 1798, supple- 
mentary to the foregoing, the President was authorized to appoint and commission as 
soon as he should think it expedient, as many Held officers as may be necessary for 
organizing and embodying in legions, regiments and battalions any volunteer companies 
which shall be accepted as aforesaid. 

By the act of July 16th, 1798, the President was authorized to raise in addition to the 
existing military establishment, twelve regiments of Infantry and six troops of Light 
Dragoons to be enlisted for and during the continuance of the existing difficulties 
between the United States and the French Republic The six troops of Dragoons shall 
fee formed Into a regiment under command of a Lieutenant-Colonel Commandant 

By the Act of March 2d, 1799, the President was authorized, in case war shall break 
out between the United States and any foreign power, or in case of imminent danger of 
Invasion of our territory, by any such power, to raise, in addition to the other military 
force of the United States, twenty-four regiments of infantry, a regiment and a 
battalion of riflemen, a battalion of artillerists and engineers and three regiments of 
Infantry, or such parts thereof as he should judge necessary. The non-commissioned 
•officers and privates to be enlisted for a term not exceeding three years, and to be 
•entitled to a bounty of $10.00, half at the time of enlistment and the remainder at Join- 
ing the regiment they belonged to. The President is authorized to appoint and commis- 
sion all officers for the said troops, agreeably to the rules prescribed by law; provided 
that the general and field officers who may be appointed in a recess of the Senate shall 
at the next meeting thereof be nominated and submitted to them for their advice and 
consent. The President is also authorized to organize all volunteer companies that may 
be accepted, Into regiments, brigades and divisions and to appoint all officers thereof, 
agreeably to the organization prescribed by law. 

The said volunteers shall not be compelled to serve out of the State in which they 
reside, longer than three months after their arrival at the place of rendezvous. Two 
millions of dollars are appropriated for carrying into effect this act, to be raised by 
loan on the most advantageous terms. 

By an act for better organizing the troops of the United States, passed March 3d, 

1799, it is enacted that a regiment of Infantry shall be composed of one Lieutenant- 
Colonel Commandant; two majors, one adjutant, one quarter- master, and one paymaster 
each being a lieutenant; one surgeon, two surgeon's mates, ten captains, ten first and ten 
second lieutenants, besides the three before mentioned; ten cadets, two sergeant-majors, 

34 



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530 Annual Report of the 

two quarter-master-sergeants,* two chief musicians, twenty other musicians, forty ser- 
geants, . forty corporals, and nine hundred and twenty privates, which together shall 
form two battalions, each battalion five companies. 

A regiment of cavalry is composed of the same number and grade of officers as the 
regiment of Infantry; ten musicians, and nine hundred and twenty privates, to include- 
ten saddlers, ten blacksmiths, and ten boot-makers, which together shall form five 
squadrons, each squadron of two companies. 

A regiment of artillery Is composed of one lieutenant-colonel-commandant, four 
majors, one adjutant, one quarter-master, and one pay-master, each being a lieutenant; 
one surgeon, two surgeon's mates, sixteen captains, thirty-two lieutenants, besides 
the three before mentioned; thirty-two cadets, four sergeant-majors, four quarter-mas- 
ter-serjeants, sixty-four Serjeants, sixty-four corporals, one chief musician, ten other 
musicians, eight hundred and ninety-six privates, including one hundred and twenty* 
eight artificers, which, together, shall form four battalions, and each battalion four 
companies. 

Pay of the Officers, non-commissioned Officers, and Privates. 

Major-General, 166 dollars per month, and 15 rations per day; when forage Is not 
furnished by the United States, the further sum of 20 dollars per month. 

Brigadier-general, 104 dollars per month, 12 rations per day, and 16 dollars per 
month for forage, when not furnished as aforesaid. 

Lieutenant-colonel -commandant, 75 dollars per month, six rations per day, and 12 
dollars per month for forage, as aforesaid. 

Major of artillery, or cavalry* 55 dollars per month, 4 rations per day, and ten dollars 
per month for forage, as aforesaid. 

Major of infantry* 50 dollars per month, 4 rations per day, and 10 dollars per month 
for forage, as aforesaid. 

Captain of cavalry, 40 dollars per month, 3 rations per day, and 8 dollars per month, 
as aforesaid. 

Captain of artillery or Infantry, 40 dollars per month, and 3 rations per day. 

First lieutenant of cavalry, 30 dollars per month, 2 rations per day, and 6 dollars 
per month for forage, as aforesaid. 

Lieutenants of artillery, each 30 dollars per month, and 2 rations. 

Second lieutenant of cavalry, 25 dollars per month, 2 rations per day, and 6 dollara 
per month for forage, as aforesaid. 

First lieutenant of infantry, 30 dollars per month, and 2 rations per day. 

Second lieutenant of infantry, 25 dollars per month, and 2 rations per day. 

Regimental surgeon, 45 dollars per month, 3 rations per day, and 10 dollars per 
month for forage. 

Surgeon's mate, 30 dollars per month, 2 rations per day, and 6 dollars per month for 
forage, unless as aforesaid. 

Regimental pay-master, quarter-master, and adjutant, in addition to their pay in 
the line, each 10 dollars per month, and 6 dollars per month for forage, unless as afore- 
said. 

Cadet of Cavalry, 10 dollars per month, 2 rations per day, and 6 dollars per month 
for forage, unless as aforesaid. 

All other cadets, 10 dollars per month, and 2 rations per day. 

Serjeant-major and quarter-master-serjeant, each 10 dollars per month. 

Chief musician, 8 dollars per month. 

Serjeant, 8 dollars per month. 

Corporal, 7 dollars per month. 

Musician, 6 dollars per month. 

An artificer to the infantry and artillery, a farrier, saddler, and boot-maker, to the- 
dragoons, each 10 dollars per month. 

A private soldier, 6 dollars per month. 

And to each of the non-commissioned officers and privates, one ration of provision* 
per day. 



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State Historian. 531 

All non-commissioned officers, artificers, musicians, and privates, who are or shall 
be enlisted, and the non-commissioned officers, artificers, musicians, and privates of 
the militia, or other corps, when In the service of the United States, are exempt from 
all personal arrest on account of debt or other contract 

By act passed the 3d of March, 1799, for the better organization of the troops of the 
United States, each non-commissioned officer, private, artificer, and musician, who shall 
hereafter be enlisted for the army of the United States, shall be entitled to a bounty of 
12 dollars; but the payment of one- third thereof shall be deferred until he joins his 
regiment 

And each non-commissioned officer, employed in the recruiting service, shall be enti- 
tled to receive for each non-commissioned officer, private, or musician, duly enlisted 
the sum of two dollars, in full compensation for his extra expenses in this service. 

There shall be a commander of the army of the United States, to be appointed and 
commissioned by the title of " General of the Armies of the United States; " and the 
present office and title of lieutenant-general shall hereafter be abolished, the grade of 
lieutenant-general having been created by the act of May 28, 1798, compensation having 
been fixed at $250 a month, with allowance for 40 rations a day, forage, four aids and 
two secretaries. 

There shall be a quarter-master general to the army of the United States, with the 
rank, pay, and emoluments of major-general'. 

It shall be lawful for the president of the United States, at his discretion, to organize, 
officer, and raise a battalion of riflemen, to be entitled to the same pay and emolument 
as a battalion of infantry of the line. 

There shall be to every army of the United States, other than that in which the 
quarter-master-general shall serve, a deputy quarter-master-general, who, in addition 
to his other emoluments, shall be entitled to 60 dollars per month, for his extra services, 
and travelling expenses. 

The provisions of this act are not to affect the present quarter-master-general of the 
United States, who, in case a quarter-master-general shall be appointed, by this act, 
is to act as deputy quarter-master-general, and have the rank of lieutenant-colonel. 

To every division of an army there shall be a quartermaster of division, who, In 
addition to his other emoluments, shall be entitled to 30 dollars per month. 

To every brigade there shall be a brigade quarter-master, who shall receive 24 
dollars per month, for his extra services; each of which officers to be chosen by the 
quarter-master-general from the regimental officers. 

There shall be a deputy Inspector-general to every army, other than that in which 
the inspector-general serves, to be a field-officer, and to have 50 dollars per month, for 
his extra services. 

To every division of an army, there shall be a division-inspector, who shall be enti- 
tled to thirty dollars per month, for his extra services. 

To every brigade, there shall be a brigade-inspector, who shall be entitled to twenty- 
four dollars per month, for his extra services; each of which officers, to be chosen from 
the regimental officers, by the inspector-general. 

The adjutant-general of the army, shall be ex-offlclo assistant inspector-general. 

And every deputy-inspector-general, shall be ex-offlclo deputy-adjutant-general, and 
shall perform the duties of adjutant-general, in the army to which he shall be annexed. 

The pay-master-general of the armies of the United States, shall be always quartered 
at or near the head-quarters of the main army, or at such place as the commander-in- 
chief shall deem proper. 

To the army of the Western Frontiers, and to detachments from the main army, the 
pay-master-general shall appoint deputy-pay-masters, who shall account to him for all 
monies advanced them, and shall give bond in the sum of fifteen thousand dollars, with 
sureties for the faithful performance of their respective duties; and the several regi- 
mental pay-masters shall also give bond in the sum of five thousand dollars, with 
sureties for the faithful performance of their duties. 

% The pay-master-general, to receive eighty dollars per month, with the rations and 
forage of a major, in full compensation for his services and travelling expenses; and 



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532 Annual Report of the 

the deputy, in addition to his pay, and other emoluments, thirty dollars per month, in 
full compensation for his extra services. 

Every major-general of the army of the United States, shall be entitled to two aids, 
to be chosen by himself; each of whom, shall receive, in addition to his pay, and 
other emoluments, twenty-four dollars per month, and ten dollars per month for forage, 
when not furnished by the United States. 

Every brigadier of the army, shall be entitled to one aid, chosen by himself, who, in 
addition to his pay, and other emoluments,* shall receive for his extra services, twenty- 
four dollars per month, and ten dollars for forage, when not furnished as aforesaid. 

The President of the United States, is authorized to engage and appoint, distinct 
from the officers of the corps of artillerists and engineers, two engineers, with the rank 
of lieutenant-colonels, and to allow them such compensation as he shall think necessary. 

There shall be an inspector of fortifications, whose duties shall be assigned him by 
the Secretary of War, under the direction of the President of the United States. 

The compensation allowed, if selected from the corps of artillerists and engineers, 
for his extra services, thirty-five dollars per month; and if he shall not be an officer 
in the artillery or army, he shall be allowed for his services, seventy-five dollars 
monthly, and rank as major in the army of the United States. 

In case he shall be chosen from the corps of artillerists and engineers, or army of 
the United States, his place therein shall be supplied by promotion, or a new appoint- 
ment, or both, as may be requisite; but he shall nevertheless retain his station in the 
said corps or army, and rise therein, in the same manner, as if he had never been 
appointed inspector. 

There shall be allowed to the inspector-general of the armies of the United States, in 
addition to his allowance as major-general, and in full compensation for extra services, 
fifty dollars monthly, and he shall be allowed a secretary of his own appointment, with 
the pay and emolument of a captain. 

A ration of provisions consisted of eighteen ounces of bread or flour or when 
neither could be obtained, of one quart of rice or one and an half pound of sifted or 
bolted Indian meal, one pound and a quarter of fresh beef or one pound of salted beef, 
or three-quarters of a pound of salted pork, and when fresh meat is issued, salt at 
the rate of two quarts for every hundred rations, soap at the rate of four pounds and 
candles at the rate of a pound and a half for every hundred rations. 

By the act of March 16, 1802, the peace establishment was reorganized and remained 
at about four thousand, until 1808, when it was raised to ten thousand, which was the 
army peace establishment previous to the second war with Great Britain. 

Two regiments form a brigade, to be commanded by a brigadier-general, to whom 
will be attached one aid-de-camp and one brigade-major. Two brigades form a divi- 
sion, to be commanded by a major-general, with two aids-de-camp; and when he com- 
mands an army, one adjutant-general, one inspector-general, one quartermaster-gen- 
eral, two assistant-adjutant-generals, two assistant-inspector-generals, one deputy-quar- 
ter-master-general and four assistants, one topographical engineer and one assistant; 
besides a chief of each department, as many assistants may be allowed as there are 
brigades in each separate army. 

Pay, Subsistence, and Forage of the Army at the Peace, in 1815. 



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Part III. 

Embracing Military Correspondence of 

Governor Tompkins From July 9, 
1808, to January 24, 18 13. 



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EMBRACING MILITARY CORRESPONDENCE OF GOV- 
ERNOR TOMPKINS FROM JULY 9, 1808, TO JANUARY 
24, 1813. 

THE GOVERNOR GIVES ADVICE RELATIVE TO THE EXPENSE FOR REGI- 
MENTAL MUSIO. 

New York, 9th July 1808. 
Dear Sir: — 

It is impossible for me to give you any other advice upon the 
subject of your Letter of the 5th Instant than is contained in the 
Law itself under which the Money came into your hands. By 
the Sixth Section of the Act of the 5th April, 1803, (3d Vol. laws of 
the (?) York, page 337,) the manner in which the money collected 
from the Quakers is to be appropriated is explicitly pointed out. 
The Salary of the Brigade Major is first to be paid, the furnish- 
ing of Drums, fifes and other instruments of Music is the second 
expence (?) to be defrayed and the balance is to be paid into the 
Treasury. Under this same law there can be no doubt of the 
manner in which you are to account and the object for which the 
money is to be applied. All vouchers for these objects will un- 
doubtedly be credited. As to the instruments) spoken for and 
not yet delivered, I can only say that if they are not procured 
and delivered before the rendering of your account the price of 
them will not probably be allowed. The Contract made by you 
with Mr. Gilfert must have been made during your continuance in 
Office and nearly two years ago, and the Comptroller will there- 
fore probably suppose that sufficient time has elapsed for its com- 
pletion. 



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540 Annual Report of the 

I should therefore doubt whether you will procure pay therefor 
unless you cause the drums and fifes to be immediately furnished 
and paid for anjcl that before your account is rendered, otherwise 
your security requires that you should recal (?) the Order, if your 
stipulations with Mr. Gilfert will permit. 
I am, Dear Sir, 

Your obedient Servant, 

Daniel D. Tompkins. 
Daniel Delavan, Esq. 



INJUSTICE OF THE POLITICO-MILITARY SYSTEM. 

SUBORDINATES IN SEVERAL INSTANCES JUMPED OVER THE HEADS OF 
THEIR SUPERIOR OFFICERS. 

Albany, November 14th, 1808. 
Sir:— 

In the Month of June or July last, I received your Letter dated 
10th of June and in my answer informed you that I wrote from 
memory, according to which Capt. Galloway's complaint to which 
you had reference related to a supposed injury in not being ap- 
pointed to a command in the Detachment of 100,000 men. Upon 
a return to this place I find the representation to which I al- 
luded and which I observed had been dismissed, was made by 
Capt. Elihu Granger, his Lieutenant, and the privates of his rifle 
company. Capt. Galloway had nothing to do with that complaint 
and must therefore be acquitted from the representation which 
the defect of my memory ascribed to him instead of Mr. Granger. 
Altho I did not think proper to interfere on the complaint of 
Capt. Granger's Company, yet if the statement be true, and it was 
certified to be so by their Colonel, it is natural they should feel a 
little dissatisfied with the disposition which was made of their 



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State Historian. 541 

company in the Detachment. A Copy of the representation is 
enclosed and will afford you full satisfaction upon that subject. 

The complaint of Capt. Galloway to which your Letters of the 
10th June and 10th August refer, does not express any desire to 
have your conduct investigated either by a Court of Inquiry or 
a Court Martial, but is merely an appeal to the Council of Ap- 
pointment to restore him to what he supposes to be his rights. 
A copy of his memorial to the Council is also enclosed, from 
which you can learn wherein he conceives himself aggrieved. 

This relation brings me to the disclosure of the reasons which 
induced the Council to postpone the appointments in the Regi- 
ment whereof Purley Phillips was Lieutenant Colonel. 

It appeared as well from the representations of Capt. Galloway 
and Col. Philetus Swift as from the records of Military Appoint- 
ments, that his rank had been formerly violated, and if your re- 
turn to us was to be Acted upon, an additional injury would be 
sustained by him. The Council therefore, forbore making the 
Appointments suggested in your Letter to the Adjutant General 
dated 18th January, 1808, as well as those mentioned in a 
separate memorandum without a signature, and requested me to 
ascertain by an application to you, the motives for thus super- 
seding Capt. Galloway. If these representations and the Official 
records are not inaccurate, Major (Jacob W.) Hallet who never 
before held a Commission in Swift's or Phillips' Regiment was 
put over him; Major Colt who never had held a Military Com- 
mission in any Regiment was appointed Second Major, to the in- 
jury of Capt. Galloway's rank, and by your present return Capt. 
Howell who is alleged to be his inferior, is also to be advanced 
a Major over his head, and his Lieutenant McCulver is recom- 
mended for Captain. By all which not only the rank of Captain 



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542 Annual Report of the 

Galloway has been, and by the last return is to be flagrantly 
violated, but by the appointment of his Lieutenant to a Cap- 
taincy, it seems to be intended altogether to supersede and ex- 
clude him from Military duty. 

You will permit me to remark .that the Act of April 5th, 1803, 
{3rd Vol. Laws of N. Y., page 337) requires the 'respective 
Brigadiers to incorporate the Regimental returns of vacancies, 
Ac, into a Brigade return and transmit the same to the Com- 
mander in Chief. You will recollect that instead of such return, 
I was last Winter furnished with nothing but detached papers, 
containing recommendations for your Brigade, which subjected 
me to the trouble of incorporating them into a regular return. 
This was a sufficient reason for refraining to act upon them. 
With regard to the Regiment alluded to, your Letter of January 
8th contained the names of Field Officers and a separate paper, 
not inclosed in that letter and not signed by any Officer what- 
soever, is the only document upon which the other appointments 
in the Regiment could have been made. But candour requires 
me to say that this was not the principal reason which induced 
the Council to suspend the appointments in your fourth Regi- 
ment. The reason of most weight on their minds was, that by 
the Act above referred to the Officers making returns of vacan- 
cies and casulties (?) are expressly required to mention therein 
the names of the persons who are entitled to promotion in con- 
sequence of such vacancies. It appeared that Capt. Galloway 
had not been noticed when Jacob W. Hallet and Mr. Colt were 
appointed Majors of that Regiment, nor does your present return 
mention him as entitled to promotion, altho it would appear by 
the records of appointments and by collateral representations 
that he was so entitled on both occasions. The Council there- 
fore postponed the appointments and requested me in the mean 



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State Historian. 543 

time to require of you an explanation of the reasons for having 
omitted to return the persons entitled by rank to promotion. This 
was the true oause of what you please to term a neglect in the 
Oouncil. ' 

I must confess that I was not a little surprized (?) at the re- 
quest in your Letter of the 10th May last, to appoint a Court of 
Inquiry upon Capt. Galloway's conduct. You must be satisfied 
that it would be improper in me to appoint a Court, without the 
exhibition of charges specifying conduct improper or degrading 
to the office which he holds, to the investigation of which the 
attention of a Court of enquiry might by General Orders be 
-directed. No such charges are specified or mentioned in any of 
jour Letters. 

With respect to your insinuation that if the displeasure of 
Capt. Galloway at the recommendation occasioned the omission 
of the appointments, you will not hesitate to accept the resigna- 
tion of the officers; I can only observe that the complaint of 
Capt. Galloway, fortified by the before mentioned evidence, was 
-entitled to enquiry and consideration before further proceedings 
were had, and if such enquiry and consideration displeases you 
or the officers of that regiment they must Act as they think 
proper. 

To your enquiry which I regret to observe is made somewhat 
peevishly, whether Capt. Galloway is to have more weight and 
interest with the Commander in Chief than yourself; I must 
answer that each will have the weight and influence to which he 
is entitled, and that when any officer, tho he no more than a 
Captain, presents sufficient evidence of an injury and claims 
from the competent tribunal, that redress to which Justice and 
the Laws of his Country entitle him, I as one of that tribunal, 
will always give it such weight as it deserves, however great may 



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544 Annual Report of the 

be the influence or rank of his opposers. You also suggest that^ 
it would perhaps be agreeable to me to accept your resignation*. 
The Law of April 5th, 1802, has enjoined upon Generals or 
Brigade and other officers not to approve of any resignation 
whatever but " upon good and sufficient and reasonable cause* 
and excuses." It would, therefore, be improper in me to express 
any opinion respecting the acceptance of a resignation until the 
causes and reasons for it are disclosed. And I trust that you 
will deem this Law entitled to some respect in ultimately decid- 
ing upon the acceptance or Non-acceptance of the resignations of 
the officers of the fourth Regiment of your Brigade. 

I should have answered your enquiries before this time had not 
my absence from this place deprived me of an opportunity of re- 
sorting to the Council minutes and other documents for informa- 
tion on the subject, and I trust you will have no reluctance to- 
inform me without delay whether the facts stated by Capt. Gal- 
loway are true? And if they are, why you have omitted to notice 
his rank in your returns for that Regiment? 
I am, Sir, 

Yours, etc*, 

Daniel D. Tompkins. 
Genl. John Swift. 

N. B. Copy of Capt. Granger's complaint and of Capt. Gallo- 
way's memorial were Enclosed. 



AS TO MILITARY EXEMPTS. 

THE GOVERNOR EXPOUNDS THE LAW WHICH REGULATES THEM BUT IS 
NOT OBRTAIN OF HIS PREMISES. 

New York, September 7th, 1809. 
Dear Sir:— 

A few days after the receipt of your letter of July I went to 

visit a sick Mother in West Chester County, from whence I pro- 



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State Historian. 545 

needed to the westward and have returned to this city about a 
fortnight past. These circumstances, together with my reluc- 
tance at volunteering an opinion without consulting the Adju- 
tant-General to whose Department the solution of your question 
appertains, and whom I have not until lately seen, have pre- 
vented an earlier answer to your letter. 

The constitutionality of that part of the present law (the 57 
clause or section) which subjects to Militia Duty certain officers 
who have heretofore resigned or ceased to be officers, who by the 
Law existing at the time were excused from Militia duty, has I 
understand been called in question upon the supposition that it 
is an expost-facto law as to them. Any expost facto operation of 
this Clause does not seem to have had influence upon the legis- 
lature because it would have been equally expost facto as to all 
the other persons and officers mentioned in that Clause. Add to 
this that the Legislature evidently had in view their former ex- 
emption when they prohibited a Court Martial from encreas- 
ing (?) the fines as to them; which prohibition appears manifestly 
to have been provided as some indulgence or consideration for 
their former exemption. 

Besides, as the Council of Revision, which is composed of the 
highest Judicial Characters in the state and was instituted for 
the purpose of arresting the passage of bills embracing uncon- 
stitutional provisions, did not suggest any objection to the late 
Militia act, I shall for my own part deem it most safe and Judi- 
cious to regard the law as Constitutional and obligatory and to 
be acted upon and enforced accordingly. 

The only question with me, therefore, would be the Construc- 
tion of the Act. The 13th Sect, exempts wholly "All officers in 
" the line of the ajrmy of the United States and all officers who 
35 



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546 Annual Report op thb> 

"have served in the Militia or levies of this state or in the Militia 
"or levies of any of the United States or in the Militia or levies 
"of the late Colony of New York." In consequence of a proviso 
in the 36th Sect, of the old Law, this exemption extended by im- 
plication to officers of the Militia since the revolution, who had 
resigned or legally ceased to be officers. But that proviso is 
omitted in the present law, in consequence of which omission and 
the provisions of the 57th section, I should apply the above clause 
only to officers of the Militia, army or levies in the American 
revolution. 

This construction is fortified by the two succeeding provisions 
in the 13th Section, one of which excepts such officers as went 
over to join the enemy in the late War; and the other declaring 
"that if such officers are commissioned to an equal grade" in the 
Militia to that which they respectively held in the said Army 
Militia and levies, etc., thereby evidently intending to distin- 
guish the Army, Militia and levies of the revolution from 
the Militia organized since the peace. This construc- 
tion is further supported by the fifty-seventh section which sub- 
jects to Military duty those officers of the Militia who have not 
officiated in their respective offices for four years. 

These two sections are contradictory and irreconcilable unless 
the 13th receives the interpretation which I have given to it. 

The inclination of my present opinion therefore is: 

I. That the total exemption of officers in the 13th Section ex- 
tends only to officers in the line of the Army of the United States 
or in the Army, Militia or levies of this state, or the late Colony 
of New York, etc., previously to, or during the American revolu- 
tion. 

II. That the officers of the Militia organized since the revolu- 



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State Historian. 547 

tion and who have resigned or legally ceased to be officers before 
the passage of the present state law and who have not respect- 
ively held their offices or officiated for four years are liable to 
Military duty; with a proviso in their favor that the fine for non- 
performance shall not be encreased (?) by a Court Martial beyond 
One Dollar, for Company and two Dollars for Battalion, Regi- 
mental and Brigade parades. 

III. That officers who have resigned or legally ceased to be 
officers of the Militia before the present Law and who have 
officiated four years or upwards are by implication exempt alto- 
gether, and 

IV. That officers resigning or legally ceasing to be officers 
after the passage of the present Law, are not to be exempt unless 

they have held their commissions or officiated for ten years. As to 
officers who have been commissioned for the purpose of raising 
uniform companies and who have not had the number of Men 
uniformed and equipped within the time limited by Law, I would 
remark that the manner of disbanding such companies has here- 
tofore been this: a return of such deficiency has been forwarded 
to the Commander in Chief, upon which the Council of Appoint- 
ment predicate a resolution disbanding the Company and revok- 
ing the commission of the officers; upon which resolution a super- 
sedias issues to them respectively. Until a disbandment in that 
way, I presume they are to be deemed and regarded as officers. 
But whether they are to be regarded as officers who have been 
engaged in the performance of their duty as officers or not, is a 
question to be determined by a Court Martial upon the facts pre- 
sented in each particular case. 

I am perfectly sensible, that the opinions here advanced will 
be questioned and indeed know that Courts Martial in this city, 
have determined differently. But as you have requested it, I 



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548 Annual Report op the 

have freely given you my private opinion for your individual sat- 
isfaction. 

I am, D'r Sir, Respectfully, 

Your Obedient Servant, 

Daniel D. Tompkins. 
P. S. The first Act to regulate the Militia after the War was- 
passed 4th April, 1786, and exempted only officers in the line of 
the Army of the United States. The ensuing year (18th April 
1787) by the 8th Section of an amendatory Act, the exemption of 
the preceding year is recited as extending to officers who have 
served in the Army of the United States during the late War, 
and by the said 8th section that proviso is made to embrace offi- 
cers who have served in the Militia of the State or Colony of 
New York and is so worded as clearly to be connected with the 
previous words "during the late War." Indeed that must have 
been intended without such connection, because no other Militia 
of anterior date could have been referred to than the Militia 
organized during the revolution. The above provisions have been 
continued in nearly the same words throughout the various pre- 
ceding Militia laws and ought now to receive the same construc- 
tion which was then given to them. These are additional circum- 
stances in favor of my construction of the 13th section. 

D. D. T. 

Archibald Mclntire, Esqr. 



LAXITY IN KEEPING MILITARY RECORDS. 

THE GOVERNOR UNABLE TO LEARN THE MILITARY HISTORY OF TWO 
CANDIDATES FOR BRIGADIER-GENERAL. 

Albany, November 28th, 1809. 
Sin- 
General Van Slyck, commandant of the Third Brigade of Artil- 
lery has resigned his commission, which I shall deem it my duty 



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State Historian. 549 

to accept. In consequence of that vacancy yourself or Colonel 
Henry R. Teller is entitled to the promotion. By the Military 
index I perceive that you were both appointed Lieutenant Col- 
onels on the same day and I have not been able to trace your 
relative rank immediately anterior to that appointment. Ac- 
cording to my ideas of rank, he who was the superior officer at 
the time of promotion to Lieutenant Colonel, continues of course, 
superior in that grade; and is accordingly entitled to be promoted 
Brigadier General. 

As it is necessary that the one entitled to promotion should be 
seasonably advanced to the command, so that the return of offi- 
cers for promotion should be made through him, I take the lib- 
erty of requesting you to forward me a memorandum of the rank 
you held at the time of your appointment as Lieutenant Colonel, 
and the date of your commission in that rank.' 

I am, Sir, respectfully, 

Your obedient servant, 

Dan'l D. Tompkins. 

N. B. A copy of the above sent to Col. Henry B. Teller with 
the name of Joseph Kirkland instead of his in the fourth line and 
a direction to Lieut. Col. Henry R. Teller. 



UNCERTAINTIES OF MILITARY PROMOTION. 

Albany 13th April, 1810. 
Sir:— 

Your Letter of the 24th ult. was received the Evening after the 
session of the Council of Appointment closed, and my absence 
from that time until this day has prevented an earlier answer. 

Upon an examination of the Council minutes it appears that 
Mr. Grieve had been appointed a Major in the Sixth 



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550 Annual Report of the 

Regiment of Artiljery but I cannot find that any appointments or 
promotions have taken place in his company. If there be a 
second Lieutenant (the first having moved away) he will be en- 
titled to the command of the company as a matter of right. There 
can, however, be no objection and indeed it is usual and proper, 
to indulge volunteer uniform companies in the choice of persons 
to fill those offices to which no person has a claim or right by 
virtue of an antecedent commission. 

I am, Sir, respectfully, etc., 

Daniel D. Tompkins. 
James Rees, Esqr. 



DELIGHTFUL DISCRETION LEFT TO OFFICERS IN THE MATTER OF DE- 
TAILS OF UNIFORMS. 

Albany, 27th Nov'm'r, 1810. 
Sir:— 

The commission of Lieutenant Colonel which accompanies this 
Letter is granted at the request of some of your friends and in 
consideration of the use it may be to you in the situation of Sec- 
retary of Legation at the Brazil's Court. You will, therefore, please 
to consider it as merely complimentary and not intended to in- 
vest you with any Military authority or command on your return 
here, unless you shall subsequently receive a Notice or Order 
from me to that effect. 

The uniform of the station is a blue coat with buff facings, col- 
lars and cuffs, Yellow Epaulettes, buff under cloathes (?), Cocked 
hat, or Chapeau bias with a Cockade ornamented by a Golden 
Eagle in the center and such additional mounting as pleases you. 
Myself and Aids, to distinguish ourselves from the inferior Gen- 
eral Officers and their staff, mount no feathers. The sword, belt, 
sash, spurs and boots are left to the taste of each aid who also 
puts embroidery or lace on his coat or not at his pleasure. 



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State Historian. 551 

I am happy to renew by this Testimony of my friendship the 

acquaintance which one interview created between us, and beg 

leave to tender you an assurance of my respect and Esteem. 

Daniel D. Tompkins. 
Lewis S. Pintard, Esq. 



ETIQUETTE OF PRECEDENCE. 

COL. TELLER DISPUTES THE GOVERNOR'S APPOINTMENT OP LIEUT. 
COL. KIRKLAND AS BRIGADIER-GENERAL, 

Albany, October 4th, 1810. 
Sir:— 

You may recollect that previously to the last session of the 
Council of Appointment I notified you of my acceptance of the 
resignation of Brigadier General Van Slyck, and requested you 
to forward me the dates of your several commissions. The same 
request was made of Col. Teller. It appeared from the answers 
that you were both appointed Lieutenant Colonels on the same 
day, from the grade of Captain ; and that the date of your com- 
mission as Captain was two years prior to his. Upon receiving 
that information I considered that the right of promotion was 
unquestionably yours and so informed Col. Teller. But he im- 
mediately notified me in writing that he should contend rank 
with you, and demanded a board of officers to settle the question. 
Being disposed to indulge every reasonable request I should have 
appointed a board accordingly, had not Col. Teller afterwards 
consented at my instance to waive that demand and submit the 
question to the Council of Appointment; the papers were ac- 
cordingly laid before the Council at their first meeting and my de- 
cided opinion upon the point given. Yet no appointment was 
made during the session although the subject was repeatedly men- 
tioned by me and the necessity of filling the vacancy as repeat- 
edly urged. The Brigade having remained to the present time 



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552 Annual Report of the 

as far as I am advised, in the same situation without either of you 
assuming and exercising the authority of commandant of the 
Brigade, I have judged it proper to notify you, that I shall look 
to you for the performance of those duties which appertain to 
that station and particularly for the return of persons for pro- 
motion, and for the Brigade Inspection return. That you should 
entertain less doubt of the correctness of my opinion as to your 
legal right to that command, permit me to refer you to the treat- 
ise on Martial Law written by Alexander Macomb, Major of the 
United States Corps of Engineers, which has been communicated 
to me by the Secretary of War as an approved work published 
for the information and benefit of the Militia. 

Macomb (page 17) speaking of rank, says: " As it sometimes 
" happens that officers have commissions of the same degree and 
* 4 date, then and in that case an inspection must be had into their 
"former commissions; for instance, if two Lieutenants are pro- 
" moted on the same day to the rank of Captain, he who took 
" rank as elder Lieutenant, will, of course, as Captain, &c." Now 
by our Militia Law officers of the same grade are to take rank 
according to the dates of their commissions therein; and as the 
date of your Captain's, commission was prior to Mr. Teller's, you 
did beyond doubt take precedence of him in that grade, and ac- 
cording to the above authority must of course, take rank of him 
as Lieutenant Colonel. Having heretofore notified you and 
Colonel Teller that the resignation of General Van Slyck had 
been duly accepted, I consider a General Order assigning you to 
the command unnecessary, since it devolves on you of course. 
I am, Sir, with respect, 

Your obedient Servant, 

Daniel D. Tompkins. 
Lieutenant Col. Joseph Kirkland. 



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State Historian. 553 

THE TROUBLESOME QUESTION OF RANK. 

the governor's attempt to convince a captain of the impro- 
priety of promoting a private over the head of a 

lieutenant. 

Albany, 2nd October, 1810. 

Sir: — Your Letter of the 11th July last, covering a return of 
persons to fill the vacant offices in the Company of Artillery at 
Geneva, would not have required any answer from me but for a 
Communication which has since been received from Mr. R. T. 
Wood. It seems that he is second Lieutenant, and that as you 
have been advanced to a Majority and the first Lieutenant has 
moved away, Mr. Wood conceives that the command of the com- 
pany devolves on him of course, and that he of right is entitled 
to the commission of captain. Upon examining your Letter I find 
that Mr. Rees the present Sheriff is returned for captain and Mr. 
Wood for first Lieutenant. By the constitution of the State any 
other office is incompatible with that of Sheriff, and, therefore, 
when there is no assurance before hand of an intent to elect the 
other office and abandon that of Sheriff nor any reasonable expec- 
tation of such election the appointment of a Sheriff to such other 
office would be nugatory if not improper. The objection to the 
legality of your return does not however proceed from the circum- 
stance of your having returned the Sheriff of the County for cap- 
tain, but arises from the Militia Law of the State. The 20th Sec- 
tion of that Law provides " that officers of the Artillery shall rise 
and receive promotion in their respective companies, Battalions, 
Regiments and Brigades," and by the 67th Section, commandants 
of Regiments and Battalions are required to make returns of the 
vacancies and casualties in their respective corps and of the per- 
sons who are entitled to promotion in consequence of such vacan- 
cies. Now permit me to ask, does your return comport with the 



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554 Annual Report of the 

above direction? Mr. Wood, by Law, is entitled to rise in his 
company, and as there is no other commissioned officer in the com- 
pany but himself, is not he and he only entitled to be advanced in 
the command of the company in consequence of the vacancy? I 
am not acquainted with any legal provision or Military usage, 
which gives a private under any circumstances a title to promo- 
tion over the head of a commissioned officer of his company or 
which will justify his being so returned. 

It has indeed been usual to indulge uniform companies in the 
Choice of their Ensigns or Second Lieutenants; for, as no particu- 
lar non-commissioned officer or private has a right of claim to be 
appointed to a vacancy for Ensign or Lieutenant of a Company, 
the Council may with propriety and without effecting (?) the legal 
rights of any one appoint that person who is selected by a major- 
ity of the Company or otherwise recommended; and it is to be pre- 
sumed that none will be chosen or recommended for that grade 
but such as are fit to be regularly promoted afterwards. The in- 
dulgence to a Company of choosing their officers, except at the 
first organization, has however, always been restricted to the offi- 
cers of the lowest grade. And, when once a person has by the 
choice of the Company or otherwise obtained and accepted a com- 
mission of that grade, the right of being thenceforward regularly 
promoted according to Law has attached, and any obstruction to 
his regular promotion afterwards is an infringement of his rights 
and an injury to his feelings. To carry the indulgence of choos- 
ing officers so far as to allow a Company to place a private over 
the head of their commissioned officers, might introduce intrigu- 
ing and discord and would not only tolerate a practice subversive 
of all subordination and discipline, but would in fact be making 
the choice of the company paramount to the Laws of the land. 



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Statb Historian. 555 

Should the Lieutenant Colonel of your Regiment die or resign 
and leave you the senior Major and should any private of the Regi- 
ment in consequence of a selection by the officers or otherwise be 
advanced as Lieutenant Colonel over your head, would you not 
suppose yourself aggrieved and refuse to be commanded by the 
Private who had thus superseded you? I know too well your 
reputation as an officer of honor and spirit to doubt your answer. 
And yet it would be just as correct in the Brigadier General to 
return a private in that case, as for you to return a private to be 
Captain over the head of Lieutenant Wood; for you will surely 
admit that although a Lieutenant is an inferior officer his rights 
and feelings are to be respected equally with those of a Major. 

Knowing the respectability of your character and your atten- 
tion and nierits in a Military capacity, I am led to believe that 
without any intention of injuring Mr. Wood, and without advert- 
ing to the particular provisions of the Militia Law, you have for- 
warded the result of the election by the Company as a supposed 
duty, and, therefore, I deem it proper for me to suggest my im- 
pression as to the claim of Mr. Wood, to the end that you may 
either convince me of my Error by referring me to the statute or 
Military principle upon which the return now before me was 
made; or that if on the contrary you should upon reflection be 
satisfied that I am right you may before the next meeting of the 
Council transmit such a return as will remove any just cause of 
complaint. - 

I am, Sir, respectfully, 

Your Obedient Servant, 

Daniel D. Tompkins. 
Major Walter Grieve. 



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556 Annual Report of the 

SNUBBED BY THE FORMER ADJUTANT GENERAL. 

GOVERNOR TOMPKINS SUBMITS AN IMPORTANT PROPOSITION IN WRIT- 
ING TO GEN. VAN RENSSELAER AND FAILS TO RECEIVE AN ANSWER. 

Albany, October 6th, 1810. 

Sir: — I understand the Captains assigned to raise and command 
Military companies make a pretty general practice of giying Cer- 
tificates of Membership at the times the several persons enlist 
or stipulate in writing to become Members of such uniform com- 
pany; and it frequently happens that Militia trainings intervene 
after such Certificate and before the individual in whose favor 
the Certificate is given has equipped himself in the uniform 
of the Company. In these cases it is common for the Captain of 
the Militia Company to which such person belonged,, to return 
him as delinquent for not training in the Militia, and, upon being 
summoned before the Regimental Court Martial, he produces the 
Certificate of the Captain of the uniform company of his being a 
Member thereof. Now, the question which has been submitted 
to me and upon which I request you to give your written opinion, 
as soon as convenient, is, ought the Certificate of the Captain of 
the uniform company to be respected and considered as conclusive 
by the Regimental Courts Martial, or ought they to enquire not- 
withstanding the Certificate whether the person producing it i» 
actually uniformed and equipped or not? And, if they find he ia 
not, ought they to fine him as a delinquent in the Militia, notwith- 
standing such Certificate? 

Should your opinion be that the Certificate of the Captain of 
the uniform company ought to be presumed as correct and re- 
garded as conclusive by his brother officers of the Regimental 
Courts Martial, then I will thank you to prepare and deliver to me 



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JgV&JZ»f&^ ->% 



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State Historian. 557 

with your opinion the draft of a General Order recommending to 
and enjoining upon Captains of uniform companies not to grant 
Certificates to persons enlisting until they shall have actually 
equipped themselves in the uniform of the Corps into which they 
•enlist. 

If, on the contrary, you are of opinion that Regimental Courts 
Martial may with propriety disregard the Certificate of the Cap- 
tain of the Uniform Company. And fine, notwithstanding such 
Certificate, in General Order upon the subject will be necessary. 

There does not occur to me any positive provision in the Militia 
law as to the conclusiveness or binding effect of the Certificates 
of Commandants of Uniform Companies upon Courts Martial; but 
the Statute with respect to Jurors makes such Certificates con- 
clusive in Civil Courts and I believe they never enquire into the 
fact of being uniformed, but upon the production of a Certificate 
discharge from the Jury of course. (See I Vol. Laws of New York 
page 386). The practice of Courts Martial have been various, 
and it is important to decide what Military authority and usage 
point out as the true course to be pursued by Courts Martial in the 
above case. . 

I am, Sir, 

Your obedient Servant, 

1 Daniel D. Tompkins. 

Solomon Van Rensselaer, Esq., Adjutant General. 

The original of which the foregoing is a true Copy, was delivered 
to Solomon Van Rensselaer, at his Mansion house October 6th, 
1810, by A. C. t ! ■ . • 

N. B., never received an answer. 

D. D. T. 



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558 Annual Report of the 

a decision establishing a rule regarding rank. 

* Albany, 8th October, 1810. 
Si*:— 

Your communication tguching rank in the Dutchess Cavalry 
has been received. Every officer takes rank from the date 
of his commission and not from the time of qualifying thereto. 
If therefore the commissions of the four Captains bear the same 
date, you are undoubtedly entitled to draw with them for rank 
unless prior relative rank renders sueh draft unnecessary. Ac- 
cording to the rules by which I have abided and which appear to 
me to be correct, Captains and other officers having commissions 
of the same grade and date are not in all cases or as matter of 
course to draw for rank; for, if either Captain at the time of his 
appointment, was elder Lieutenant he takes precedence as Cap- 
tain of course, and, without submitting to a draft. Therefore, to 
adjust the relative rank of officers having commissions of the 
same grade and date, it becomes necessary to inspect their prior 
commissions. And if, for instance, he who took rank as Elder 
Lieutenant will of course take precedence as Captain; and if their 
lieutenants' commissions are also found to be of the same date, 
then resort must be had to their Ensigns' or other previous com- 
missions. But should all their antecedent commissions be found 
of the same date or should neither of them have held a commis- 
sion before, then and in those two cases they must draw for rank. 
An approved work on Martial Law written by Major Macomb of 
the United States Corps of Engineers and published for the in- 
formation and benefit of the Militia also recognises (?) and asserts 
the preceeding (?) principles (see page 17). I shall therefore con- 
tinue to exert myself in persuading the Council of Appointment 
to abide by them and shall take cajre that the appointments in 
the Dutchess Regiment be conformable thereto. A copy of my 



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State Historian. 559 

Letter to Adjutant Evertson upon the subject of your communi- 
cation is enclosed. 

I am, Sir, 

Your obedient servant, 

Daniel D. Tompkins. 

Capt. Isaac Lownsberry. 

Albany, 8th October, 1810. 
Sir:— 

I have just received a Letter from Capt. Lownsberry of 
the Dutchess Cavalry stating that he, not having qualified to his 
commission of Captain at the meeting of the officers on the 28th 
March last, because his commission had by mistake been sent to 
and detained at Kingston, in Ulster County, until within five days 
of that time, did not draw for rank with the three other Captains 
whose commissions bear equal date with his. He also states that 
those Captains have in September last been returned for promo- 
tion and taken the command of Squadrons without his having 
any opportunity of drawing with them to establish their relative 
rank, by which proceedings he conceives himself aggrieved. As 
his Captain's commission bears equal date with theirs and as the 
delay of qualifying was not his fault, I do not well know how the 
other Captains can lawfully command Capt. Lownsberry,. or be 
promoted before him, unless their commissions as Lieutenants 
were elder than his or unless they can show that, upon a draft to 
which he was a party they drew superior rank. 

I will here observe, that the choice of a Company or a selection 
by officers of persons to fill vacancies may be indulged with pro- 
priety in cases where no person already commissioned is entitled 
to be promoted to the vacancy, but can never be indulged in vio- 
lation of rank. Whether the arrangements and proceedings of 
the officers of the newly organized Regiment of Cavalry have 



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560 Annual Report of the 

conformed to the strict rules of rank or have been the result of 
choice and selection I know not; but I shall certainly expect that 
the annual return for promotions to be laid before the Council of 
Appointment will in all things conform to the legal rank and 
rights of the respective officers; and that you may be made ac- 
quainted with my notions of rank, I take the liberty of enclosing 
to you a copy of my answer to Capt. Lownsberry's letter. 
I am, Dear Sir, with respect and esteem, 

Your Obedient Servant, 

Daniel D. Tompkins. 
Walter Evertson, Esq., 

Adjutant, Regiment of New York Cavalry. 



COLONEL GRAY AND MAJOR YATES PREFER CHARGES AGAINST BACH 

OTHER. 

New York, October 13th, 1810. 
Dear Sir: — 

I have received your Letter of September 28th in which you ask 
my " opinion and direction " as to the course which ought to be 
pursued in the difficulties which have arisen between Brigade 
Major Yates and Col. Gray. My advice is this: 

As there are reciprocal charges on the part of Col. Gray and 
Major Yates, you ought first, to ascertain the facts in relation to 
the conduct of each, and the question of right arising out of those 
facts. This must be done by a Court of enquiry, which you have 
power at any time to call (vide Section 178, Mil. law). The presi- 
dent of this Court will report to you, and then you will be enabled 
to Judge whether these Gentlemen ought to be brought before a 
Court Martial. , 

In this case the Major General of your division will, at your 
request, order a General Court Martial. 



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State Historian. 561 

As to the Coturt of Enquiry, if you be of opinion, from what 
may have transpired, that suitable officers cannot be found in your 
brigade, I would recommend to you to request the Major General 
of your division to order one. 

This is the course which I would adopt, were I in your situa- 
tion. It is not a matter in which I as Commander in Chief, need 
interfere; but as you request my advice in a friendly manner, J 
give it to you with pleasure. 



General Dodge, 

Montgomery County. 



Yours, &c, 

Daniel D. Tompkins. 



THE POWER TO DISBAND COMPANIES. 

THE GOVERNOR OBTAINS AN OPINION FROM THE ATTORNEY-GENERAL 
ON THIS MUCH DISPUTED QUESTION. 

Albany, 8th December, 1810. 
Sir:— 

Upon examining, I find that Col. (Hendrick) Van Schaick's 
notice has been received by me. The reason that no General 
Order has been issued upon the subject yet is, that I had doubts 
whether the 30th section of the Militia Law embraced companies 
organized before the passing of the Act of 1809. The company to 
which Col. Van Schaick's notice relates was organized in 1807, 
two years before the passage of the Law under which they have 
been disbanded, and even if such companies are comprehended in 
the provisions of the 30th section, I had doubts whether any Gen- 
eral Order ought to issue until after the Council of Appointment 
have confirmed the disbandment by superseding the officers of the 
Company. Both these points have been submitted to the Attor- 
ney General and as soon as I am possessed of his opinion, I will 



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562 Annual Report of the 

either furnish you with a General Order to be transmitted to CoL 
Van Schaick. or with a Letter containing the opinion of the At- 
torney General, if that opinion be against the propriety of issuing 
such Order. 

I am, Sir, with respect, 

Your obedient Servant, 

Daniel D. Tompkins. 

Garrit Y. Lansing, Esq. 

Albany, 8th December, 1810. 
Sir:— 

I am under the necessity of requesting your opinion upon 
some questions arising upon the 30th Section of the Militia Law of 
1809. 

Uniform Companies organized before the passing of that Act 
might be disbanded if at the end of one year the company did not 
consist of Thirty Men uniformed and equipped. The construction 
given to that Law and the practice under it from Governor Jay's 
administration down to the repeal of it by the Act of 1809, has 
been for the Council to exercise their discretion upon the dissolu- 
tion of a company, but in most cases where the Commandant of 
the Regiment reported a non-compliance with the Law, the Coun- 
cil entered of course, a resolution disbanding the Company and 
revoking the commissions of its officers. Upon that resolution 
the Secretary was authorised (?) to issue a supersedias to each 
officer. This practice of enforcing the above provisions com- 
menced, I believe, with Dirck Ten Broeck's Company of Cavalry, 
in this City, in the year 1798 or 1799, and its continuance ever 
since will be shewn by the Council books. 

The 30th Section of the Law of March 29th, 1809, is differently 
worded and enacts that if a Company of Artillery, Grenadiers^ 
Light Infantry, Troop of Horse, or volunteer corps (except ii* 



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State Historian. 56£ 

cases otherwise directed by this Act) shall not have thirty Men 
(including Eight non-commissioned officers) in uniform, according 
to Law, within one year after such Company, &c. has been organ- 
ized or the receipt of the Commission by the Captain or Command- 
ant of such Company, &c, such Company shall be disbanded and 
the Commandant of the Regiment shall thereupon report such dis- 
bandment to the Commander in Chief who shall publish the same 
in General Orders, &c. 

Question 1. Does the above provision retrospect and embrace 
volunteer companies organized two or three years before the Law 
passed, and companies organized within one year before its pass- 
age, or does it only comprehend those companies which shall be 
organized after the 29th March, 1809? 

Question 2nd. Suppose a company is now by deaths, removal 
or otherwise reduced to 30 Men which within one year from its 
organization had more than thirty Men in uniform. Can such 
Company be now disbanded and the commissions of the officers 
superseded under the above section? 

Question 3rd. If the provision only relates to companies to be 
thereafter organized, is not an Act of the Council of Appointment 
a necessary preliminary to a General Order? Or have the Legis- 
lature the right to empower the Commandant of a Regiment or 
the Governor without an Act of the Council to Vacate and annul 
Commissions which the Constitution declares shall be held during 
the pleasure of the Council? 

Although the above questions relate to Military matters, they 
are nevertheless purely law questions, arising upon the construc- 
tion of a statute, and I therefore hope you will have no objection 
to favour me with your opinion on them. I should have no doubt 
the provision did not extend to companies organized before the 
act, were it not for the last Section of the Law. 



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564 Annual Report op the 

Reports have been made to me of Companies of each of the be- 
forementioned descriptions, and I find so many and opposite con- 
structions of the Law are adopted by the several commandants 
of Regiments that the operation of the Law will be partial unless 
by a General Order the official construction shall be announced. 
I am, Sir, with respect, 

Your obedient Servant, 

Daniel D. Tompkins. 

Abraham Van Vechten, Esq., 

Attorney General. 

Albany, 10th December, 1810. 
Sir:— 

I have obtained the opinion of the Attorney General upon the 
point which delayed my issuing any General Order relative to the 
disbandment of the Company mentioned by Col. Van Schaick. 
That Company was organized before the passing of the Act of 
1809, and was disbanded by him under the 30th Section of that 
Act. My own impression, that the provision of that Section did 
not apply to any Company organized before the passing of the 
Act, is confirmed by the construction given by the Attorney Gen- 
eral. As I do not know the address of Col. Van Schaick, as to 
r